Rethinking And Rebuilding The System Of Service

"The procedure is the heart of the law", and the service system is the bone of the procedure. Without the service, the procedure can not lie; Without the service, the procedure can not function. The service is the bridge among proceedings. The service is the tache between the substantive and procedure law. The service is the ladder and channel to complete the procedure and implement the tasks of the substantive law. The fundamental principles of civil procedure are reflected from the service system: the equality among parties, the participation in the procedure, the publicity of the procedure and the fairness of the procedure, etc. Wherever there is an action there is the service (even if in the written trial the outcome of the judgment should be notified to the parities through a kind of service). There is not another question like service that is concerned the whole building of the procedure. Every proceedings in the civil action can not exit without service. So the service system is a good topic of great theoretical value and much practical meaning. However, the research of the service system in the academe is not enough. There is lack of scientific analysis to the practice and warmhearted attention to the reality. So far the integrated theoretical system of the service has not come into being. For the insufficiency of theoretical support and the faultiness of the legislation of the service there exist a lot of bemusement in the judicial practice. From the functioning conditions since the Civil Procedure was promulgated over ten years ago, it can be concluded that the imperfect designing of legislation and functioning in practice are the fundamental causes of the difficulty of the service. In this thesis, on the basis of the demonstrational analysis of the functioning of the service system, it can be known that the consummating of the service system , the clarity of the principal partof service and being serviced and add some methods of service are the inevitable choice of consummating and rebuilding the system of service in our country.