On Service By Publication Of Civil Procedure

Service by publication is fictitious service, the value of which lies in communicating litigious information through the medium, playing a role of connecting with the court and the parties and promoting the procedure. Rooted in the basic pattern of civil procedure, although service by publication is an important part of the civil service system, but it can't be applied universally. It is only the supplement of the other services when which can't be applied. But in fact, the total quantity of service by publication is large, and the rate of service by publication is higher in single court.In practice, the function of service by publication is unsatisfactory. Substantial function of the information communication has not been demonstrated well. Service by publication is more stylized performance for the operation of the court. Incorrect application and flawed application is widespread. In the course of which, the interests of the person on whom the litigation document are to be served are neglected. This will not only harm the interests of the party, but also affect the quality of the trial.Of course, the various factors result in deficiency in practice of service by public. However, the most important factor is from legislation. With the in-depth reform of the civil procedure system, the disadvantages of the existing service by publication in practice are constantly exposed. Theoretically, the research of service by public stays on the technical and piecemeal demonstration level, and the achievement is little. Therefore, the research on how to perfect service by public system and make it to be full of humanity and regard the parties as the center has important practical significance.For the reasons above, taking protection for rights and interests of the parties as the starting point, combining with the current judicial practice, this paper proposes its own views which are relevant to perfect service by publication. In terms of specific analysis methods, profiting some principles and viewpoints from communication, referring to some legislative achievements and experience from other countries and regions, this paper takes an interdisciplinary analysis, comparative analysis, empirical analysis, and so on. In terms of content, on the basis of proposing the principles of service by publication by combining with China's practice, this paper explains a series of specific systems design for service by publication. At the same time, combining with the opportunity to amend the Civil Procedure Law, this article looks forward to exploring and releasing the function of service by publication and serving judicial practice and legislation.