Research On Civil Service System In China

The service is a fundamental litigation action of the court in civil litigaiton. It’s both before and after the coupling action, but also the bridge of information communication between court and parties. Establishing a comprehensive and reasonable service system shows great importance both to the protection of procedural justice and to improve the efficiency of proceedings.However, with the development of social economy and the progress of science and technology, problems brought about from legislative design defects and actual operations in China’s civil service system have become increasingly prominent. Theses problems not only affect the litigant’s entity right and procedure right, but also hinder and restrict the trial work in people’s court. Thus, the innovation of civil service system is imperative.This paper attempts to observe and reorganize the current legislative and judicial status of China’s civil service system through value analysis, comparative analysis and empirical analysis methods. In dissecting the existing problems and shortcomings, this paper strives to provide some feasible suggestions on civil service system reform and improvement.The whole thesis consists of four parts.The first part is the basic theory of the civil service.Firstly, the meaning of civil service, refers to the litigative action when the people’s court send the litigation documents to the parties and other participants in accordance with legal procedures and methods.Secondly, elaborates the sense of researching civil service, which is equal to the main body, evidence and civil preservation in litigation.Such positioning is beneficial to deepen the theory study, standard the court’s acitons and protect the rights and interests of the parties.Finally, the civil service system requires three kinds of value:justice, efficiency and benefit. Among them, the value of justice embodies the respect of litigant’s right to know and attend the procedures, and the protection of the court’s justification.The value of efficiency is measured to timely completion criteria. The value of benefit is measured by the way the service takes place.The second part is the research of civil service of two major law systems. This chapter chooses the United States, Britain,Germany, France, Japan’s civil service system as the research object, which is the typical representative of the Anglo-American law system and continental law system. On introducing specific provisions in civil service system of the five countries, the chapter evalues and summarize the advanced theory and successful experience of the legislation of the five countries, in order to provide reference for the future legislative improvement of our civil service system.The third part analyses the present situation and existing questions in China’s civil service system.This chapter firstly introduces the general litigative development of China’s civil service legislation since the end of Qing Dynasty, which details " On the application of<the people’s Republic of China Civil Procedure Law> the opinion of several questions","The Supreme People’s Court on the application of summary procedures in the trial of civil cases several provisions "," The Supreme People’s Court on the court express mail delivery of civil litigation documents several provisions" since the promulgation of "Civil Procedure Law" in1991. On this foundation, I summarise5main problems of China’s current civil service system in legislation, which refer to imperfect system, unscientific way of service priority, incomprehensive regulation of sign, narrow address range and lack of accountability mechanisms. With the combination of various specific ways of service, I analyse detailed problems in justice practice, and elaborate malpractice of various service modes. At the end of this chapter, from both the social and the legislative level, the court and the parties view,I explore and research the formation of the shortcomings in present civil service and put forward my own views.The fourth part is the improvement of China’s civil service system. In view of the existing service mode, I suggest:1, cancel the witness system in lien service and enlarge the range of service places;2, mail service gives equal legal status to postal workers as the court service personnel and applicable lien service rights;3, notice service should keep strict applicable condition, normative service content, improve way of service, shorten the notice period, and distinguish the first service and the later times;4, add modern communication ways of service and consulted ways of the parties. As to the civil service system itself, I suggest:1, unify the legislation and improve the service system;2, establish the combination of postal and direct service;3, clear the subject of service;4, expand the range of sign;5, expand the range of address;6, establish the verification system of service address;7establish the accountability mechanism of hindered service.