Abstract
Electronic service of process is a crucial foundation of digital rule of law. However, its development is significantly hindered by recipients’ limited understanding, weak litigation capabilities, and malicious abuse of procedural rights. This paper analyzes issues such as the weakened protection of recipients’ right to be informed, the difficulty of enforcing their right to defense, and the lack of effective channels for exercising their right to remedy. To address these challenges, the paper proposes enhancing the operability of electronic service, strengthening the notification and explanation of rights to recipients, and allowing unilateral application of electronic service to incentivize its selection. It also suggests tailoring electronic service according to litigation procedures, case types, and parties involved, to ensure recipients’ reasonable exercise of procedural rights. Additionally, the paper advocates for granting recipients the right to challenge electronic service and establishing clear accountability and sanctions mechanisms to improve access to remedies. From the perspective of litigation rights protection, this study explores the balance between procedural justice and litigation efficiency, aiming to achieve digital justice in electronic service procedures.
Published Version
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