Research On My Country's Civil Litigation Announcement Service System

The service by publication is a special part of the Civil service system.As a supplemental service,the service by publication is used when the litigant is missing or other legal ways of service can't be served,and it is a presumption method through the fictitious technology that the law endues a special legal effect after a certain period.However,the legal presumption fact that "supposes the litigant receives the information contained in the publication" can't be regarded as equal to the reality,because the litigant who is served on the service by publication may be completely unaware of the service.If so,although the service by publication,which goes through the legal process,proves its own legitimacy and makes the legal proceeding continues,the goal of protecting the litigant's procedural and substantive rights is not achieved in the actual effect,and some basic principles in the civil procedural law such as the principle of equality for the litigants and the principle of participation haven't been implemented.This is caused by the natural limitation of the legal presumption technology used in publication system.In order to overcome the limitations and protect the litigant's rights and interests,we should improve relevant systems through the construction of the publication system to make sure the service is not being abused,and we should also try our best to ensure the proceeding information is received by the litigant through the design of rules.However,the service by publication hasn't got enough attention in the academic circles even it directly links to the litigant's interests.In the actual practice,the guidelines and operations of the publication service are chaotic.Let's take a primary court in Nanjing as an example:the service by publication has at least the following problems after an empirical analysis:the proportion of civil cases handled by the service by publication is pretty high,the attendance rate of litigants in the service by publication cases is too low,the publication format is fixed,some errors occur in the application of the service by publication,ways to deliver the publication and the media selection are relatively fixed,the contents record on the files are not standardized,the rules that the court use to examine and approve the publication are not uniformed,and the applicable standards when "other methods can't be served"are fuzzy,etc.In the real practice,the publication delivery problems are directly related to the imperfections of the legislation.The inadequacies of the publication deliver service are mainly manifested as:the applicable conditions for the service by publication are not clear,the application process of the service by publication is missing,the publication period is too long,the correction system for improper publications is absent.Other people's experiences and opinions can help us correct our mistakes.Countries and regions with advance legislative ideas and experiences in civil law system for the service by publication has made some detailed provisions.Based on comparative reference,this dissertation puts forward with following suggestions:determine the principle of strict examination and the principle of careful use for the service by publication,strictly define the applicable conditions,make a clear review process before the delivery of publications,establish a publication service relief procedures,expand the information dissemination channels,standardized the publication format,and shorten the publication valid period.