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Problems And Solutions To The Delivery Of Civil Litigations

Posted on:2019-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:W SunFull Text:PDF
GTID:2416330596953628Subject:Law
Abstract/Summary:PDF Full Text Request
Service is an important link in judicial practice.Effective service can maximize the realization of litigant's litigation rights,and it is also an important factor to guarantee the fairness of procedures and results.The problem of "difficult service" in civil litigation has become increasingly serious,which increases the pressure of case handling and hinders the smooth proceeding of civil litigation.To deeply explore the problem of service and put forward the practical countermeasures can guarantee the real results of solving the problem of service difficulty and guarantee the smooth progress of judicial procedure.In order to solve the difficult problem of service of civil litigation,the paper adopts the methods of literature analysis,normative analysis,comparative analysis and practical analysis to comprehensively consider the service system of civil litigation in China.There are many problems in civil service in China,and the effect of service is difficult to guarantee,such as the failure to find the person on whom the service is to be served,the refusal of adult family members living together to cooperate with the service,the court that accepts the service by commission in the service is hasty,and the start of the service by notice is too casual.There are many reasons for these problems,from the legislation to the judicial practice,from the society as a whole to the individual to whom the documents are delivered.In order to effectively solve the difficult problem of service of civil litigation,first of all,the service system of civil litigation should be comprehensively improved at the legislative level.Secondly,it should be issue-oriented and propose solutions to difficult service problems in practice.It should focus on improving service efficiency and reasonably and efficiently allocate judicial resources.Meanwhile,it should establish an information-based platform in combination with the development of science and technology to optimize the service mode.On the one hand perfect legal service way,on the other hand add new service way,guarantee service efficiency from the form;In addition,we should establish diversified dispute settlement mechanisms,change the masses' "judicial omnipotence" mentality,and reduce the pressure on the courts from the source.Finally,a accountability mechanism should be established to regulate the behavior of service personnel,prevent the emergence of non-standard service,and safeguard judicial authority.
Keywords/Search Tags:Civil litigation, Delivery system, Difficult to deliver, Delivery method
PDF Full Text Request
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