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The Research Of Civil Notice Served

Posted on:2015-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WangFull Text:PDF
GTID:2296330461459966Subject:Master of law
Abstract/Summary:PDF Full Text Request
Civil service announcement is an important way of civil service and it is the most special way to serve, not only showed on its particularities:fiction, deduction, supplement, but also it is actually a public way to transmit messages. it plays an invaluable role served to ease the work of the civil service "delivery difficult", it meaning that once announcement service is enabled, service will be realized, and the proceedings will not be interrupted. But as result of contradiction between justice and judicial efficiency, this might cause a threat to the legitimate interests of the addressee, then it’s very important to keep its proper meaning during practice. We should work hard on the subject to ensure the fair and efficiency both, the same time, stakeholders should keep the direction of justice efforts during Legitimate and reasonable notice applies to civil service.However, the announcement of the civil service of the actual operating status is not so optimistic currently. First, there are not complete provisions of legislation on civil service announcement, the laws expression is sparse, simple and rough, the newly" Civil Procedure Law" revised in 2012 also had not mentioned to amend the rule of served notice on the agenda. Specific defects as follows:Applicable standards is vague, unscientific way of announcement and behind the development of the times, the announcement deadline is unreasonable and procedural requirements for announcements is rough, even did not mention the legal consequences, and no explanation for accountability mechanisms if announcement is improperly applied Secondly, the innate vulnerability of legislation has also brought many problems in judicial practice, of course, it matters with judicial practice itself and has important links with the responsibilities and awareness of courts and judges when handling the case. Specifically:arbitrary expansion of the applicable scope,applicable rate rise higher, the review mechanism is not complete, errors and defects applicable in practice is common, specific operational procedures lack of maneuverability, poor service equal to "delivery but not arrive",high rate of default judgment, and for the reasons of courts and judges themself, such cases are often simplified trial mode. On the conditions of these factors work together, often against the parties especially the interests of people to be served, causing their dissatisfaction with the trial proceedings and the national judiciary. In the community, people don’t have good reflection for civil repercussions,and most people reject it,on one hand this way is unfamiliar,on the other hand,it often cause "infringement." Overall, the public notice eased the "delivery difficulty "to a certain extent,is of respectable value, but we still can not ignore its poor signal in the legislative, judicial and society.Improvement of civil service system announcements, cure its defects, delete its drawbacks, start from the legislative source, improve the laws, construct a reasonable operating mechanism, clear the burden proof the applicant, establish a malicious party punishment system, strictly implement the Full Court review adjudication procedures, implement the right to dissent and remedial of person who be served,strengthen the supervision of the People’s Procuratorate of the civil service of the notice, together with the legitimate owner of the investigators apply a higher legal literacy, better inner conscience, civil service announcement ideal for running, but it will also be a need to invest long-term task costs. Defective notice served drawbacks and negative effects caused applicable, the serious, mind and value system design will be greatly reduced. Whether this is a kind of legislative or judicial injury, and of those who bear the ultimate responsibility for, the price paid by the parties, is to resort to the law, those who expect to get a fair trial, the use of litigation. Therefore, the Restoration of civil service announcement system can not wait any longer.
Keywords/Search Tags:Civil Procedure, Service by Publication, Service effectiveness, Substantive justice
PDF Full Text Request
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