The Study Of Service By Publication Of Civil Litigation

The system of service by publication of civil litigation is a legal means of service.Its result directly affects the rights and interests of the party.However,it is a fiction service rather than a real one.In addition,the effective legislation on the system of service by publication of our country is slightly rough and lack of corresponding mechanism of inspection and remedy.As a result,the phenomena,such as the non-uniform terms for application,too much random,and dissatisfactory effects in practice,eventually harm the legitimate rights and interests of the addressee.In order to solve the dilemma in judicial practice fundamentally,we need to learn from the system of service by publication of civil litigation of foreign countries and establish relevant measures,such as making the situations for applying the service by publication of civil litigation in our country,setting up the system of inspecting publication procedures,shortening the duration of publication,setting up the system of opposition and remedy for the service by publication,setting up the system of punishing the party who deliberately evades litigation,and strictly normalizing the flow of the court's service by publication so as to improve the effectiveness of the service by publication of civil litigation of our country.Under the background of today's reform of judicial system,the system of service by publication of civil litigation of China is bound to be optimized and improved and the “difficulty of service” of the court will be changed dramatically in the perfect and scientific system.