Cause Analysis And Countermeasure Research On Difficulty Of Civil Service

Civil service,though regarded as a supplementary activity of civil litigation,is a bridge connecting all stages of litigation.Serving the parties according to law is the premise of orderly civil litigation activities.The significance of service lies not only in handing legal documents to the addressee to make them aware of the contents of the documents so as to prepare for the forthcoming litigation activities,but also in presupposing certain legal consequences for the service itself.After the litigation documents are served,the addressee must act in accordance with the requirements of the court,otherwise he will bear the corresponding adverse consequences.The success of delivery is related to whether the follow-up activities of civil litigation can be carried out,and ultimately affects the realization of the substantive rights and interests of the parties.Therefore,if the people's court wants to carry out civil activities in an orderly manner,it must first solve the problem of service.Service occupies a lot of time and energy of people's courts,and even in some cases,servers have to fight wits and bravery with the parties who evade service to complete service.This not only adds a lot of unnecessary workload to the servers,but also seriously delays the trial process.The frequent problem of "difficult service" leads to a large number of judicial resources being consumed,which has become an important reason affecting the efficiency of handling cases.In order to solve the problem of "service difficulty",China has made many adjustments in perfecting the service system.For example,the Civil Procedure Law of 2012 allows the service providers to use more flexible ways such as photography and video to complete the service while serving in lien.Moreover,electronic service mode has been added,which has greatly improved the service efficiency.However,with the increasing number of cases accepted by people's courts,service is still a barrier for people's courts to carry out litigation activities.Many cases have been pending for a long time,which is closely related to the inability to complete the service for a long time.Therefore,we need to study and solve the difficult problem of court service in order to ensure the efficiency of litigation,so as to better realize the substantive rights and interests of the parties and safeguard social fairness and justice.In this paper,I try to put forward some suggestions to solve the problem of difficult service,hoping to help solve the problem of civil service.This article is divided into four parts: The first part,from the legal norms and judicial practice of two aspects of civil service to investigate the status.Through the investigation of the current legislative norms of civil service,we find that the legislation is inadequate.Through the investigation and analysis of the service practice,this paper points out the realistic dilemma faced by the service,and lists various service dilemmas,such as the difficulty of finding the recipient,the difficulty of judging whether the electronic service has reached or not,and the non-receipt of mail service,etc.,then draws the conclusion of civil "service difficulty".The second part makes a thorough analysis of the causes of service difficulty,and finds out the causes of service difficulty.? There are three main aspects: lack of legislation,irregular operation of service practice and insufficient coordination of social forces.Through the analysis of the causes of the "service difficulty",this paper lays the groundwork for the following targeted countermeasures to solve the "service difficulty".The third part briefly introduces the innovative attempts made by some domestic courts to deal with the civil service difficulty,which provides reference for the promotion of efficient and practical service methods,and also provides some ideas and methods for the improvement of the civil service system in China.On the basis of careful analysis of the causes of service difficulties and drawing lessons from scientific and efficient service methods at home and abroad,this paper puts forward some suggestions to improve our civil service system,such as amending legislation to improve service system,giving judges discretion in service,implementing double-track service system and improving and promoting electronic service,etc.Some of them can be used for civil "service difficulties" in our country.There are several effective ways to solve the problem.