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The Dilemma Of Civil Service In China's Basic Courts And Its Legal Solution

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:N ChenFull Text:PDF
GTID:2416330602978202Subject:Law
Abstract/Summary:PDF Full Text Request
The "service dilemma" is still troubling the grassroots courts.On the one hand.under the background that the supply contradiction of service resources is still prominent.especially in the case of "accurate service address and contact information" without the served person,there is a dilemma that can not be solved.which can easily lead to the abuse o f notice service and the improper dismissal of the suit.On the other hand,the literal meaning of legal provisions will inevitably produce different understanding with the change of context.In the face of the ever-changing dificulties of service,it is inevitable to use legal methods to solve legal problems.However,in practice,judges face the pressure from different fields,such as society.justice and power,but dare not easily exercise"discretion".The rigid concept of legislation,the lack of flexible service procedures and the lack of system design make it easy to become "service defects" in solving the aforementioned service dilemma.Therefore,on the premise that the background of "more cases and fewer people" is difficult to solve temporarily.we should take the opportunity of improving the efficiency of service as an opportunity to ease the shortage of resources and avoid the improper application of notice to serve and reject the suit.On this basis,through the change of legislative concept.the civil service system is further improved,and judges are actively encouraged to use their discretion and adopt flexible and changeable service methods to solve the service dilemma.
Keywords/Search Tags:Civil action, service system, service dilemma, service mode
PDF Full Text Request
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