The Difficulties And Solutions Exploration Of The Service System In The Civil Procedure

Civil service is an act of delivery of litigation documents to the parties and participants in the proceedings by court.Service is an act carried out by the court ex officio,Which must be carried out in strict accordance with the procedures and modalities prescribed by law.Service not only guarantees the smooth progress of litigation procedure and the litigant and other litigant rights and interests,but also has the value of procedural justice and productiveness.The difficulty of service is reflected in all stages of the lawsuit,concentrated on the first service before the first trial session.Although the specific performance of various service is different,the overall analysis shows that the success rate of service is not high and the cost is high,the time is long,the behavior is not standard.There are many causes for the present difficulty of service,such as the single mode of service with authority,the lack of maneuverability of the legal provisions,the absence of the mechanism of intermediate supervision and relief,the lack of the mechanism of preventing service and punishment,as well as the lag in the information of household registration and industrial and commercial administration.There are also many subjective reasons,such as many cases but a few staff,criminal impersonation as court fraud and other objective reasons,such as insufficient understanding of the intrinsic value of the service procedure,weak legal consciousness and other subjective reasons.To solve the current difficulties of service in civil proceedings,we should proceed from the causes of the difficulties in service and make the right remedy for the case.We should also refer to the factors that are reasonable in the system of extra-territorial service.It is also necessary to continue and develop the beneficial attempts made by courts at all levels in recent years.First of all,we should start from the system.On the one hand,we should boldly reform the legal system which is not suitable for practical need,and carry out the auxiliary service of the parties and their lawyers.On the other hand,we should also improve the legal provisions that are less operable.To cancel the priority of direct service and to allow the court to choose the appropriate service mode according to different circumstances,to expand the range of the agent appropriately,to make clear the specific meaning of "unaccounted for" in the applicable conditions of the announcement,and to be responsible for the certifying party and the way of proof.Standardize notice service,establish notice service review mechanism and reduce notice time.For the dishonest behavior which hinders service,we should construct the mechanism of intermediate supervision and remedy and penalty of obstructing service.Secondly,in the case of limited judicial resources,it is necessary to optimize the allocation of resources,set up special service agencies to centralize service,and build a social cooperation mechanism to improve the efficiency of service.In addition,the court staff should establish the correct values of the service procedure and the right legal view of the parties to the service procedure.Finally,the parties agree that the form of electronic service should be diversified,not limited to service address confirmation,the court should strengthen information construction and change the concept of judicial staff and parties,and vigorously promote electronic service.