On Service By Publication Of Divorce Proceedings

This article takes Service by Public Announcement in divorce proceedings as theresearch object. At present, the number of divorce cases increases year after year, a portion ofwhich leads to the Court having to use Service by Public Announcement to accomplishservice of legal documents in the trial, for the reason that the defendant’s whereabouts isunclear, or the plaintiff whose complaint is brought in bad faith won’t put forward thewhereabouts of the defendant deliberately. Service by Public Announcement is alwaysrelevant to Judgment by Default, which is so adverse apparently to protect the defendant’srights and interests. What’s more,“With respect to a legally effective judgment on dissolutionof marriage, neither of the two parties shall apply for a retrial”, stated in Article183of Law ofCivil Procedure of the People’s Republic of China, and “With respect to a legally effectivejudgment and mediation documents on dissolution of marriage, neither of the two parties shallapply for a retrial”, stated in Article202of corrected Law of Civil Procedure of the People’sRepublic of China that will take effect in2012, so the defendant can seek for legal relief onlythrough filing an appeal. If not resolve such dispute properly, it will not only effect thedependant’s rights, but also result in the society instability, because divorce cases are closelyrelated to identity. However, a number of factors lead to problems about Service by PublicAnnouncement in divorce proceedings. For instance, the stipulation of the relevant law inChina about Service by Public Announcement in divorce proceedings is too simple, theplaintiff’s complaint is brought in bad faith, the people’s court don’t apply the certain rulesand regulations critically at times,and the party is weak in knowledge of law. After thecontrast of Service by Public Announcement between Anglo-American law and Civil Law,and the analysis relevant to the problems about Service by Public Announcement, this articlewill discuss measures of improvement about Service by Public Announcement. Besides thePreface and Conclusion, the paper has four parts.The first part mainly introduces the basis theory on Service by Public Announcement,which contains the meaning of Service by Public Announcement, the scope of Service byPublic Announcement, the suitable conditions of Service by Public Announcement, the modeof Service by Public Announcement, the content of Service by Public Announcement, validityof Service by Public Announcement and value of Service by Public Announcement. In the second part, Service by Public Announcement in Civil Law from the end of theQing Dynasty to the contemporary era was investigated from the longitudinal angle of aspects,in the other hand, the author researches on it breadth wise among the Civil Law of America,Britain, France, Germany, Japan, Korea and Vietnam.The third part mainly analyses problems about Service by Public Announcement in thedivorce proceedings trough three respects that is the parties, the Court and our legal system, inorder to summarize these problems. Such as malicious litigation by the plaintiff, occurringapplicable of Service by Public Announcement and irregular content of Service by PublicAnnouncement.The fourth part mainly introduces measures of improvement about Service by PublicAnnouncement in the divorce proceedings. On the basis of the third part, the author putforward these measures from aspects of the mode of Service by Public Announcement, theprocedure of Service by Public Announcement and the content of Service by PublicAnnouncement. Such as a try of Service by Public Announcement on TV, improvement inexamination procedure of Service by Public Announcement and rising the cost of maliciouslitigation.