If the addressee agrees to be served by electronic means, it shall be confirmed in the confirmation of the address of service. Once the addressee agrees to receive the litigation documents by electronic delivery, and provides the fax number or e-mail address to indicate acceptance, the court will take the date when the litigation documents arrive at the addressee's specific system by fax or e-mail as the delivery date, which means that the delivery has been completed and the corresponding delivery effect has occurred.
In order to better meet the needs of trial practice, the Civil Procedure Law of People's Republic of China (PRC) has increased the electronic service mode, confirmed the electronic service system in basic legal form for the first time, opened the "expressway" of litigation service, broadened the service channels and improved the service efficiency. However, there are some problems in the specific application process of electronic services, which limit the application quality and effect of electronic services to a certain extent, and need to be further clarified, unified and improved.
Article 87 of the Civil Procedure Law of People's Republic of China (PRC) * * * Subject to the consent of the addressee, the people's court may serve litigation documents by fax, e-mail and other means that can confirm receipt, except for judgments, rulings and conciliation statements.
If it is delivered by the way mentioned in the preceding paragraph, the date when it reaches the addressee's specific system by fax or e-mail shall be the date of delivery.
Article 88 If it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf or by post. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.
Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.