Improve Service By Publication Of Civil Procedure In China

With the continuous advancement and deepening of judicial reform in our country,service has always been a very important link in the litigation process in the actual work of the people's court,which directly affects the efficiency and even quality of the case trial.Service is a kind of power of the people's court and it is also a system.As one of the more special methods of service,public notice service occupies a considerable proportion in most basic courts.The so-called service of public notices means that when there is no way to achieve the stated purpose of service,or when the specific circumstances of the person being sent are unknown,the people's court announces to the people certain legal documents that fall within the scope of the provisions.After the statutory period,it is presumed to be a form of service.Public announcement service has its unique advantages,but at the same time there are considerable hidden dangers.In judicial practice,there are occasional cases in which parties use public notices to serve false lawsuits and the abuse of public notices,which are closely related to the rights and interests of the parties and to the authority of the people's courts.Even the"anti-evil"campaign,which is now being vigorously promoted,is quite related.At present,the problem of public notice delivery has not received much attention from academic circles and has seriously affected the development of normal proceedings in the people's courts.Therefore,the author takes the opportunity of the master's thesis in law as an opportunity to study the issue in depth and take the court of work as a sample.In terms of data and facts,we try our best to analyze the problems arising from the delivery of public notices injudicial practice,then infer the reasons for the problems,and finally put forward perfect countermeasures and suggestions.Before April 2012,the court in which the author was located adopted a business division equipped with a public car model.At that time,no public car reform was carried out.The vehicles were well-off,so each business division was self-serving.The advantage of this model is that the case hosting judge or clerk can be informed of the case in advance at the time of delivery to facilitate the next step.After the bus reform,the number of buses in the court was drastically reduced.Therefore,after the leaders of the hospital negotiated in April 2012,they used"centralized service",equipped with a clerk,a professional Messenger,and a driver to set up a service group.The author was fortunate.It is the professional Messenger.Has been professionally engaged in service work until 2017.The author has rich experience in serving actual combat and is relatively well acquainted with the statutory service procedure of serving public notices,so I want to start with the interpretation of the legislative system of serving legal documents in civil and commercial cases in China.This paper puts forward the defects and deficiencies of the public notice delivery system in judicial practice,analyzes the reasons for the defects in legislation,discusses whether it needs further improvement,and puts forward the improvement measures from the perspective of judicial practice.According to the actual situation of the author's court and most of the grassroots courts in China,the lack of strict application conditions for public notice delivery is very easy to cause abuse.Part of the procedure is that the procedural level can not exhaust other methods of service and then apply the notice to serve.The other part is that the individual case contractor judges"use their brains"from the notice to serve this procedure in order to meet the examination of the higher court.In addition,under China's current judicial system,people's courts still need to improve their protection of procedural fairness,and the people's courts still have a strong position in litigation activities.In order to shorten the trial time limit and improve the efficiency of the trial,the people's court has made it difficult to protect the interests of the sent person's procedural fairness.The people's courts shall strengthen their examination of the application of the service of public notices,make every effort to"use them sparingly and prudently",reduce the costs of the parties concerned through various channels,and establish a system of relief for errors in the service of public notices.And the part of trial supervision establishes the penalty system of misapplication of public notice service,so as to further regulate the public notice service system of civil and commercial cases,and promote the improvement of the service system in China from the perspective of judicial practice.