The Service System In The Civil Procedure Research: Crisis And Solutions

In the practice of civil procedure, service has become a chronic problem that tortures the courts, especially for the basic level people’s courts. This paper is divided into four parts. Firstly, we present the concept, classification, historical development and comparative analysis of service. The paper use empirical analysis to study the operation of the service system in practice, analyze the plight of mail service, direct service, service by public announcement respectively, and reflect on the main reasons of service problem from the courts’ perspective. We conclude that, the core function of service is to notify. Hence, the ideal service system should return to the origin of institution. The paper provide solutions correspondingly, by clarifying the responsibility of all parties in civil procedure, preventing the dishonest act and eliminating the motivation of evading service. We expect to achieve the unification of the value of “justice” and “efficiency” and provide some beneficial ideas for construction of the service system in the future.