On The System Of Service By Publication In Civil Litigation

Service by publication, being a special way of service in civil litigation, plays a unique role in the process of litigation. However, it is merely a presumption of service and there is no particular application standards, no procedure for examination and decision, no method of implementation and contents of publication in the legislation of China. Hence, the system has a lot of trouble in the practice of civil litigation and even impacts on the justice of civil litigation. It is necessary for the theoretical and practical circle to make careful verification and rational choice in order to scientifically design and operate the system of service by publication in civil litigation, which is critical to the interests of the parties in civil litigation. This thesis begins with the jurisprudential analysis of the implication and value of the service by publication in civil litigation; makes a comparative study of the system in foreign countries; finds out the advantages for us to learn from; probes into the current situation of the system in China and puts forward suggestions on improving it. The thesis aims at finding out the practical problems of the system and works out more rational and feasible projects of reform so as to construct more just and efficient system of service by publication to meet the demands for the development of civil litigation procedure.