On The Perfection Of Our Civil Service System

Civil service system is a small part of the whole procedure system and less researched by academic circle, but it is not least important .With the change of production mode, the development of economy and the advancement of science and technology, the defect of the service system and the defect of procedural operation began to surface, gradually to limit and block the works of the people's court. This article just analyzes some basic issues of service and tiles to provide some useful advice。The service is the bridge 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. There is not another question like service that is concerned the whole building of the procedure. Every proceeding 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. There are four parts in this article,Part One: This part stresses stating and rethinking the problems in current system, such as the inattention and impropriety of legislation, the abnormal execution in practice and so on. Here the author makes time to anatomy the problems in typical serve ways, especially the practice that breach the Civil Procedure Law.Part Two: On the basis of the important theoretical value and practical significance of service, using the litigation document and service system of our country as the basic point, comparing the service systems among USA, English, Germany, Japan, particularly on our current service system, this paper reflects upon the present situation and analyzes the reason why service is difficult. It also verifies and analyzes the service system rebuilding and perfecting in our country.Part Three: The Jurisprudence Analysis of this System .In this part, the author intends to declare the important values of service system and probe into its proper constructing conception .The thesis thinks that service system reflects the parties'right of knowing and equally participating in the litigation, ensures the legality, publicity and clarity of the courts' judicature acts. Accordingly, we first must ensure the parties can be served during the action, and, then balance the value between justice and efficiency, provide more flexible provisions.Part Four: On the Perfection of our Civil Service System. Combining to the background of the amending of civil procure law, this article emphasizes on the litigation perfect, put up some advice on six aspects, such as establishing serve guideline, definitude serve subject, consummating serve detail and so on.