The Research Of The Civil Service Of Process In Our Country

The civil service of process is the important and the organic constituent of the civil action system.It can guarantee entire civil action system smooth operation watershed.It is the extremely important research topic, but in the present academic circles people unusual step in this research area actually. In view of this, this paper pay more attention to the civil service of process in our country :the present situation, the existence question and the origin .and the paper has carried on a more thorough analysis and the discussion.The paper unite success and failure in the procedure reform about the civil service of process, and some advanced vertical legal regulation of the model overseas.It proposed several views and the suggestion for the reform of the civil service of process in our country civil procedure reform. Its acerdemic significance lies in, it's the first time to research the civil service of process so systematicly, it has enriched the civil action legal science research domain; Its practical significance lies in, in the big background of the civil judicial reform, it provide some possible to supply the reference the plan for the civil service of process. This paper divides into three parts: the foreword, the main text, and the odd discusses. The main text is composed with the first part and the second part.The first part Above all, it has introduced our country civil service of process about the legislation. Then it takes a basic-level court as a background, and see about the operation of the civil service of process. It has pointed out that there are two problems in the judicial practice of the civil service of process: the one is its poor efficiency, the other is out of the legal procedure .Then it has discussed itsorigin from the legislation as well as the judicial stratification plane, thus demonstrated that it is so necessary and pressing to reform and consummate the civil service of process in our country civil procedure.The second part Regarding some attempts and a series of reform measure about the civil service of process in many court, it has affirmed its positive sense, and pointed out that there are some disadvantages in the reform, and the guiding ideology is erroneous. Then it proposes that wu must balance fairly with efficiency reasonablely of the two lawsuits values, model and study overseas advanced vertical legal regulation, thus we can propose the concrete conception and the suggestion to reformand consummate our country civil service of process.