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Analysis Of The Reasons For The Difficulty Of Civil Service In China And The Optimization Of Measures

Posted on:2020-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:X J YangFull Text:PDF
GTID:2416330578481041Subject:Law
Abstract/Summary:PDF Full Text Request
Civil service refers to the behavior of the people's court to send the relevant litigation documents in the litigation activities to the parties to the case or to other litigants in accordance with the procedures and methods prescribed by law.Delivery is the most basic and indispensable part of civil litigation activities,and its importance is self-evident.According to the law,once the relevant litigation documents are delivered,it has the effect of both physical and procedural aspects.However,for a long time,due to various reasons,the problem of "difficulty in delivery" has become unusually prominent.Especially in some grass-roots courts,the problem of "difficulty to deliver" and the issue of "difficulties in execution" are called two major ills in civil litigation activities.In the current social context,with the progress and development of China's economy and society,the contradictions of the people have intensified,the number of trials in civil cases has shown a surge,and the case is more complicated,and the contradictions in the delivery process.The problem is getting more and more prominent.These contradictions and problems,in addition to the upper-level setting of the delivery system itself,are more unfavourable and unsatisfactory in the delivery of trials.These contradictions and problems restrict and hinder the smooth development of other civil trial activities.Legal and standardized delivery is a necessary prerequisite for realizing legal justice and improving the efficiency of trials.It is a mirror for the parties to feel fair and just in the trial process.However,from the current point of view,whether it is from the legislative or practical circles,there is a lack of sufficient understanding of the "difficulty of delivery"problem,and it is difficult to come up with practical solutions and solutions.The paper uses the method of empirical analysis to start from the various problems of"difficulty in delivery" encountered in trial practice,combing from theory to practice,clarifying the status quo and performance of the "difficulty of delivery" problem,and analyzing the "difficulty of delivery".The causes of the problem are explained and analyzed through the failure of delivery and the ineffective delivery during the delivery process,focusing on the extensive use of trials such as direct delivery,postal delivery,lien delivery,and announcement delivery.Waiting for the delivery method,analyzing their respective characteristics,understanding the current situation of the difficulty of delivery of several common delivery methods,reflecting on the different difficulties and multiple perspectives faced by each,and proposing targeted countermeasure research and solutions to improve The current delivery system solves a series of "difficulty in delivery" problems caused by this problem,so as to realize the organic unity of "fairness" and "efficiency" in civil proceedings,and ensure that civil litigation activities can be legally,efficiently and orderly.
Keywords/Search Tags:Civil Service, Delivery Difficulty, Incorporate, Countermeasure Research
PDF Full Text Request
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