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Study On Service By Publication Of Civil Procedure

Posted on:2013-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Q JiFull Text:PDF
GTID:2256330395988408Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
As the actively advocation of judicial reform today, much of the basic theory ofcivil action is concerned by the theory and judicial scholars, however, civil servicesystem is snubbed unexpectedly.Civil service is not only an important action of people’s court judicial activities,but also a basic system of civil action, and penetrated throughout the behavior of civilaction. In all procedures it plays the role of the linking and ensures civil action runwell. However, we can’t hear any information from the addressee in the practice, andthe conventional ways can not be served either. In this occasion, public announcement,as a fiction service, plays an important role of complement.Public announcement directly aims to solve the contradiction of addresseemissing to guarantee the litigation progress. In the protection of the right of a party (itis usually the plaintiff) at the same time, it also helps the missing parties (usually thedefendant) participate in the litigation process. However, as the rough regulation ofpublic announcement by our country’s legislation, and it’s self limitations, and actualoperation problems, the public announcement’s function doesn’t play well. There waseven the phenomenon that the procedure and entity interests of the addressee areinfringed maliciously.Admittedly, there are many reasons related to the problems of publicannouncement. With the in-depth reform of the civil action procedure, the drawbacksof public announcement system are exposed constantly in the judicial practice in ourcountry. Scholars’ research of public announcement still haven’t formed a system yet,and in there works they just take it as a technical processing with slightly pen. Basedon the above reasons, this paper gives the present China public announcement systema precise collection, and put forward some suggestions for its perfection to play thefunction better. This paper is divided into five parts:The first part: the general theory of civil service by public announcement. Thispart firstly introduces the concept, characteristics, legal validity and legal nature ofpublic announcement, then inspects the legal theory, and finally analyses the defectsof served by public announcement and its justification.The second part: the legislative investigation of foreign civil service by publicannouncement. This part selects the continental law system such as Germany and Japan, as well as China’s Taiwan and Macao for objects, compares them in provisionin public announcement legislation, and puts forward some experience.The third part: our country’s legislation and judicial application situation of civilserved by public announcement. This part analyses the detailed present situation ofpublic announcement in legislation and judicial practice, and points out the problemsin order to provide some ideas for its perfection.The forth part: the applicable effect and the influence factors of service by publicannouncement. This part points out that the effect is not ideal, and analyses therelevant factors.The fifth part: the perfection of service by public announcement. Through theformer analysis of our basic theory, the present situation, the effects and the affectingfactors, as well as the overseas legislation investigation, we put forward theimprovement measures to play the function of service by public announcement better.
Keywords/Search Tags:Service by public announcement, Justified, Present situation, Perfection
PDF Full Text Request
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