Perfection Of Service By Publication In Civil Litigation In China

Service is an important procedural matter in civil action without which the process of lawsuits cannot go forward.Under the background of“difficulty in service”,many problems of service by publication are highlighted.So the system of service by publication needs to be improved urgently.This paper probes into the operation of the system as well as the theory of the system,and puts forward the countermeasures to improve the system of service by publication in view of the institutional dilemma.The research is divided into four chapters.Chapter 1 offers a general overview of the system of service by publication in China.This chapter shows the current rules of service by publication of China.It depicts the present situation of the practice operation with the data and carries on the preliminary demonstration to the encounter question.It summarizes the development of service by publication in China and analyzes the influence of the gradual establishment of relevant system.Chapter 2 probes into the theory of service by publication,which lays a foundation for in-depth analysis of predicament and countermeasures.This chapter points out that the general function of service has different embodiment in the service by publication,and the system of service by publication has special function which distinguishes it from other service modes.Chapter 3 summarizes the operation predicament of service by publication in China and analyzes the causes of predicament.At present,the dilemma is manifested as prominent abuse,alienation of function,insufficiency of the guarantee of litigation right,and the combination of both legitimacy dilemma and the benefit dilemma.The deviation of the parties ' good faith in litigation,the unclear distribution of service responsibilities and the system design that lags behind the social development make the predicament generate and become more and more difficult to solve.Chapter 4 puts forward the countermeasure for the aforementioned predicament.In Subchapter 2,on the basis of the theoretical analysis of Chapter 2,we draw the proper orientation of service by publication and make clear the proper approach of a better system.Subchapter 2 to 6 proposes specific responses.Service by publication shall fully link the constructive service which should be given priority to,to make service by publication return to its due attribute.The investigation in accordance with the authority of the court should be strengthen,which is both necessary and feasible as the judicial resources are tense at present.The applicable conditions should be refined.The announcement method centered on the paper media should be broken,and the structure of the announcement method should be reshaped.Accordingly,the announcement cost should be reduced.The entry-into-force time for service by publication is so long and useless that it should be shortened accordingly.