Research On The System Of Service Of Civil Litigation

The system of service is one of the basic systems in civil litigation and an important litigious activity of the people's court. Throughout the civil litigation, it is considered as the bridge between procedures, the bond connecting the procedure law and the substantive law and the means to complete the procedure of litigation and to fulfill the task of the substantive law. To set up the scientific and reasonable mechanism of service is of great significance to guaranteeing the procedural justice and efficient litigation. With the transformation of the mode of production, the economic development and the scientific and technological progress, the defects and trivialities of the system and the problems existing in application have become more and more obvious. It increases the workload of the procedure for trial and restricts and hinders the trial of the people's court. Both the academic and the professionals need to carefully prove and make rational choice on how to scientifically design the system of service of civil litigation and how to ensure the utilization of the system in accordance with the designated system. In the thesis, the author analyzes the theories on the system of service of civil litigation, points out the problems existing in legislation and practice and puts forward some suggestions on improving it. The thesis is composed of three sections:introduction, text and epilogue. The text includes the following contents. The first part is the general introduction of the system of service of civil litigation, including the fundamental issues of the system, such as the concept, means and value of the service of civil litigation. In this part, six means of services, direct service, service by leaving rejected legal processes at the place of abode, service by mandate, service by post, service by passing on, and service by publication, are summarized and introduced systematically so as to lay a foundation for understanding the system of service of civil litigation. The second part is the comparative research of the system of service. The author makes a detailed introduction of the system of service in the continental legal system which is represented by Germany, Italy and Japan and the system of service in the Anglo-American legal system which is represented by the U.K and the U.S.A, compares and evaluate the system of services in these nations so as to enlighten the improvement of the system of service in China. The third part is the concrete analysis of the system of service in China. The relevant provisions on the system of service of civil litigation of China is introduced and probed into and all of its existing problems and deficiencies are analyzed. The fourth part includes the suggestions on reconstituting the system of service in China so as to contribute to improving it.