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The System Research Of Civil Service By Public Announcement

Posted on:2014-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhaoFull Text:PDF
GTID:2296330425979082Subject:Procedure
Abstract/Summary:PDF Full Text Request
Service by public announcement, as a kind of legal ways of service, plays an importantrole in connecting the court and the parties and ensuring the smooth progress of the lawsuitand the implementation of the procedures.In juridical practice, both the total quantity ofapplication and the rate of appltheication account for a large proportion. However, thefunction of service by public announcement in transferring information is unsatisfactory.Effective service is not well represented. These lead to, in many cases, court’s operation is fullof routinization and modelization. Nowadays, the error rate of application of service by publicannouncement in many courts keeps rising constantly. The essential benefit of recipient isneglected in application. This not only harms the proper rights of the parties but also affectsthe quality of the trial, and even does against the procedural justice.At present, in terms of the research on civil service system this thesis, in our country, isstill lacking in attention. However, in the United States,Germany,Japan and other countries,this system is relatively more perfect. So their related practice, to us, is worth for reference.Due to the unique characteristics in historical tradition, legal consciousness and legal cultureof our country, we must take these actual situations in to consideration while utilizing practicefrom abroad.The thesis is made up of three parts: the introduction, the body of the thesis and theconclusion.The introduction: makes a simple analysis for the service and service by publicannouncement, points out the existing problems of service by public announcement inpractice, and makes the foundation for the following text on the analysis of reason andconstruction of a complete system.The research will be launched from four parts in the body of this thesis. First of all,according to the conception of service by public announcement, the thesis will analyze thecharacteristics and the basic value of service by public announcement and making thetheoretic foreshadowing for the next text; Secondly, through the analysis of the domestic civilservice by public announcement system’s situation and problems and the causes, the thesiswill emphatically state the reason that the service by public announcement is abused inpractice; once again, through inspecting and comparing the specific provisions of related systems abroad, and making the comparison with specific system design, so as to offer someadvice for the system of service by public announcement in our civil procedure; Finally,through combining the own characteristics of the service by public announcement thepractical situation of our country’s legislation justice, the thesis will put forward someprinciples that service by public announcement system need to keep and the concrete schemefor perfect the civil service by public announcement, so as to change the legislative provisionsof our country’s civil service and make it achieve a relatively ideal situation.The conclusion: the author will make a conclusion in this part and point out the urgencyto solve the problems of our country’s civil service.It is full of promise in the future of ourcountry’s civil service.
Keywords/Search Tags:civil proceeding, service by public announcement, procedure participation
PDF Full Text Request
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