Studies On The Verification System Of Service Address

The verification system of service address,in its narrow sense,refers that the parties and other participants in the litigation provide and confirm the service address,and the judges should interpret of the system,strengthening the legal force of the system rather than a mere formality.In a broad sense,the system not only refers to the service address of the parties and other participants in the litigation,but also includes that the address of the agreement between the parties prior to the start of the litigation.With Chinese economy developing rapidly and civil disputes growing,service has become a key point in civil proceedings,and the efficient and convenient service has become the first priority.Under this background,the verification system of service address came into being,based on protecting the rights of parties,the parties take the initiative to provide and confirm the delivery address.Construction of the legal force of the verification system of service address makes the service more effective,solving the difficult problem of service in a certain extent.However,Chinese Civil Procedure Law has not stipulated the system,at the same time judicial interpretations has simple provisions of the system.Aiming to achieve the function of the the verification system of service address,this paper makes a concrete analysis of the system,and discusses the relevant issues related to the system,aiming to improve the system.The structure and the content of this paper are as follows:The first part analyzes the background of the verification system of service address,and then defines its meaning,mainly refers that the parties and other participants in the proceedings provide the service address for the court,and then finds out the deep theoretical value of the system,mainly from these aspects,such as the undertaking of litigation obligation,the principle of good faith and protection of procedural rights.The second part introduces the related research of extraterritorial system.The author introduces the Japanese service address reporting system,litigation documents signing by agent system in China's Taiwan region,mail service and electronic service,and summarizes the reasonable provisions of the construction of the system.The third part analyzes current situation of the verification system of service address from legislation and practice,then finds out the reason of the defects of the system.In legislation,Chinese Civil Procedure Law has not stipulated the system,but which is stipulated in the relevant judicial interpretations,and the provisions are very simple.In practice,some local courts make specific provisions for this system,the author finds out reasonable provisions of Jiangxi,Zhejiang and Chongqing Courts,expecting to bring some inspiration for improving the verification system of service address.The fourth part puts forward some suggestions for the construction of the verification system of service address in our country.Firstly,the author analyzes the verification system of pre-litiation service address;secondly,Strengthening the judges to interpret of the system;thirdly,making some specific and reasonable suggestions regulate the declaration and confirmation of service address,such as filling time of service address,application procedure of service address and so on;finally,standardizing litigation agents and pointed agents to sign litigation documents,and paying attention to the application of electronic service and mail service in practice.