On The Status Quo,Problems And Countermeasures Of Civil Delivery In China

Difficulties in delivery are the fourth major problem after the difficulty of filing a case,the difficulty of implementation,and the difficulty of appeal.However,at present,there is obviously no other three major problems in the academic circles.In fact,to serve the entire process of litigation,we must pay attention to the status of civil service in litigation,and coordinate the relationship between civil service and other processes in civil litigation.Delivered to all litigation activities in the people's courts at all levels,if not served,the proceedings will not be carried out.There are a lot of cases in which there are flaws in practice,and cases of unsuccessful delivery are also abound,which will lead to inefficient litigation.If the issue of civil service in China is not resolved,the efficiency of litigation will not really improve.This paper will analyze the current situation of civil service in China,and clarify the problems of delivery and the countermeasures.China's civil service is based on authoritarianism,and the court is the only service subject.All the missions were delivered to the court,which caused the court to deliver a very large amount of work.Because the delivery system was imperfect,the delivery was not taken seriously by the courts and the parties,so many of the services were in existence.of.This paper is divided into three parts: introduction,body and conclusion.The introduction part will introduce the background and significance of the topic,review the literature and briefly summarize the research path and innovation points.The text is divided into four parts.The first part introduces the concept and value of civil service in China.Firstly,it introduces the concept of civil service in China.The civil service in China actually refers to the process of the court handing over the litigation documents to the relevant litigation participants.Introduce the main body and content of civil service in China,and finally introduce the value of civil service,the value of delivery will be introduced by the role of delivery,and the importance of delivery will be summarized,so as to increase people's attention to civil service.The second part mainly introduces the status quo of civil service in China from different angles.Firstly,it introduces the provisions of the current civil procedure law and the judicial interpretation of civil procedure law on the delivery system.China has been perfecting the civil delivery system,especially the new one.In the judicial interpretation of the Civil Procedure Law,the delivery system has been greatly adjusted.This is an improvement.Finally,this part will also summarize the research status of civil service in China.This part focuses on the existing problems in the delivery system of civil litigation in China.There are seven legal delivery methods in China.This part will first analyze the problems of these seven delivery methods one by one,and point out that the operation modes of each delivery method are not The norm and the system's flaws;the second aspect analyzes the drawbacks of the order in China's delivery system,it is difficult to deliver according to the prescribed delivery order in practice,and the court chooses the best way to deliver according to the actual situation.The most effective way.In addition,the number of cases is increasing,the population is moving fast,and the delivery address cannot be confirmed,which is also the reason for the low efficiency of delivery.In addition,China's delivery of China's functional power is strong,which is not conducive to the recipients to protect their rights and interests,but also invisibly increase the pressure on the court.Finally,the social level of restraint also needs to be paid attention to.Nowadays,the problem of low cost of untrustworthy is widespread in the society.The legal awareness of the parties is weak and does not cooperate with the court's delivery work,resulting in inefficient delivery.The effective delivery of the service requires the court to participate and cooperate with the parties.The problem of any party will affect the success rate of delivery.The third part briefly analyzes the relevant provisions of the civil service system of the United States,Germany,and Japan,and uses the United States,Germany,and Japan as reference objects to analyze and summarize the foreign civil service experience that China can learn from.The delivery system of the above three countries is relatively systematic compared with China,focusing on procedural fairness and breaking the single mode of court service delivery.The delivery method is relatively flexible compared with China,so it is necessary for China to learn their experiences.The last part summarizes the countermeasures to improve the civil service in China,proposes countermeasures for the seven delivery methods,and strives to make the delivery more efficient.In addition,China needs to fundamentally change the status quo of court power supply and let the parties participate.In the delivery,the rights and obligations of the subject and the subject to be delivered shall be clearly defined,and the functions of the court shall be constantly regulated.At the same time,the knowledge of the service shall be actively publicized in the society,the awareness of the people's law shall be raised,and the civil service will be resolved from the source.