Research On The Civil Litigation Service System

Service is a basic system in the civil litigation. It is an important step in the civil pretrial procedure, which is linked with other procedures and has deep imapact on each case. Service is not only related to the right of the parties, but also directly related with the quality and efficiency of the trial work in court.The current law and a large number of judicial interpretation constitute the legal source of the civil litigation service system. Some adjustments to the civil service system have been modified by the judicial interpretation of the Civil Procedure Law of the People's Republic Of China, which is enacted by the supreme court in 2015. However, the scope of the interpretation is still highly limited to the original provisions. This long-standing problem can be alleviated by the new law, but still can't be fundamentally resolved. Difficult to serve is still is a "persistent" problem in the judicial practice of China. All in all, there are many reasons which are responsible for the problem that can be rooted in both legislative defects and practical aspects. Compared with the Common Law System and the Civil Law System, there are many problems that need to be modified in the present law,for example, articles about this system is so rough that system about who is responsible for the personal service is still not so clear. Meanwhile, the problem of lacking of staff to handle practical affairs is still existiong now.Therefore, considering of the importance of the civil litigation service system in China and shortcomings in legislation and judicature, to sovle "the problem of service" in the judicial practice of China, we need not only change the traditional concept of the legislation, but also do some work about staffing optimization and the rewards and punishment system establishing.