On The Pattern Of Service By Publication Of Civil Procedure In Our Country

Service by publication is an essential part of the civil service system, and also thefinal protection of service system. It has its uniqueness and superiority. Service bypublication is a fictitious service, and this characteristic will cause institutional defects.As a result, we should avoid the judicial confusion as much as possible throughpromoting the legislation.Service by publication has defects both in legislation and the practice. The lack offormal procedures of the service will surely do harm to the practical service. Manyforeign countries’ civil procedure rules have special regulations of service bypublication. These rules are more practical than ours, and some are even very creative,which is an essential element to adapt the judicial practice. There are many advancedpractices that we can draw lessons from.In a conclusion, the promotion of service by publication is imperative. The startingconditions and the permissive conditions must be regulated appropriately that can beused smoothly in practice. In the meanwhile, indispensable remedy must be given tothe people whom are to be served litigation documents. Including arrange people whoshow up after seeing the notice in the ongoing trial, and give the right to parties to filea reconsideration.