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电子邮件送达是现代科技在送达领域的运用,它具有传统送达方式所不具备的优势,但毕竟是一种非正式的送达。电子送达虽已被我国司法解释所肯定,但对其使用应设定严格条件。电子送达要具有诉讼法上的效力需满足下列条件:不违反条约义务;送达对象限于电子商务参与者或电子送达协议签订者;用传统方式不能有效送达;不为送达目的地国反对;能证明受送达人收到并阅读了送达文件。设立这些限制是基于电子送达的特殊性,也参考了国外电子送达的实践。
E-mail delivery is the application of modern technology in the field of delivery. It has the advantages that traditional delivery methods do not have, but it is an informal delivery. Although the electronic service has been affirmed by China’s judicial interpretation, its use should be set stringent conditions. E-Service is subject to the following procedural requirements: It is not a breach of a treaty obligation; It is restricted to e-commerce participants or signatories of electronic service agreements; is not served effectively by traditional means; Opposition; can prove that the recipient received and read the delivery document. The establishment of these restrictions is based on the particularity of electronic service delivery as well as on the practice of electronic service delivery abroad.