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The Research On The System Of Service By Publication Of Civil Procedure

Posted on:2015-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y BoFull Text:PDF
Abstract/Summary:PDF Full Text Request
In today’s judicial practice,the trouble of service is a big problem. As the basic linkage between the behavior of court,parties and other participants and the means of passing information in the proceedings of lawsuit, Civil service is of great importance.As a legal way of service,the importance of the service by publication is self-evident. In recent years,however,with the development of society and market economy, the civil service by publication system in our country has become a more acute problem.In the context of China’s legislative and judicial status quo, the absence of strict applicable conditions and procedure of the system of the civil service by publication,and the single and inefficient methods and the irregularity of the contents are the main problems on the legislation;In judicial practice,the court did not attach enough importance to protect the procedural benefits of the addressee.Under the deep influence of court standard,the operation of the service by publication by the court is not conducive to protection for the interests of the addressee.To address the problems of the civil service by publication in the legislation and practice gradually and get the access to effectiveness of the system of it, reasonable countermeasures and system design shall be put forward,and the court must strictly comply with the related provisions of legislation,accomplishing strictly and carefully.
Keywords/Search Tags:service by publication of civil procedure, whereabouts unknown, artificialdelivery, procedure guarantee
PDF Full Text Request
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