The Research Of The System Of Civil Service

In the civil procedure, the service is the bridge between the court and parties, it is the channel for the parties to acquire procedure messages, almost every link can't exit without the service, there is not another question like service that is concerned the whole procedure, so the system of civil service is the important constituent of the civil lawsuit system, it is very important in guaranteeing civil procedure operated smoothly. However, with the development of economy and the advancement of science and technology, the defect of the service system and the impropertion of procedural operation began to surface, gradually to limit and block the try works of the people's court. As the reform of civil procedure goes further today in our country, the idea of procedure ensure and judiciary efficiency is now attracting more and more social sights, and this idea also will become the theme of the reformation of the civil service of process. In order to resolve the problem of service, some scholars and judgments have made every kinds of effort, because of the limitation of present laws, they can't make any greater progress. How to design the civil service of process scientifically, how to make sure the laws are observed strictly by peoples in the practice is one big problem that we have to face up.In the dissertation, I will go first with the basic theory of service, and make discuss on both theory and practice, by using the method of comparative analysis to research relevant civil service of process rules in other countries, look back on the laws and judicial practice in our country, then point out the defect and the cause in the civil service of process, and in the base of research achievements which have been acquired, I bring up some suggestions to resolve the problem.The main part of the dissertation consists of four chapters, such as follows:Chapter one is about the summary of the basic principle of the civil service of process, involving the concept and feature of service, discuss about the main body, the subject, the function of service. Then I analyze the main value of service, make it as the basic and purpose of the dissertation.Chapter two is about foreign countries' legislation on service rules. Though the contrast of relevant rules among America, Britain, France, Germany, Japan, I find the differences and the cause of the differences, some of theses rules will be very helpful in constructing the civil service of process.Chapter three is the statement of historical development process, the current legislation and the problem of judicial practice in the civil service of process. Firstly, I introduce the relevant rules on service, then I find out the defects exit in service both in legislation and judicial practice, and analyze the main causes of the problem in detail, all of these will be useful in rebuilding the civil service of process.Chapter four is mainly concerning the construction of the system of civil service in China. The main idea is as follows: first of all, I will bring up suggestion on principle of legislation, that is changing the old model of service; secondly, I will discuss some rules in detail, including clear and definite the concept of the subject of service, widen the site of service, rebuild current mode of service, increase the new mode of service, set up rules about responsibility. This chapter is the corn of the whole dissertation.