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Discussion On The Solution To The Difficult Service Of Civil Litigation

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C SunFull Text:PDF
GTID:2436330590962589Subject:Law
Abstract/Summary:PDF Full Text Request
Civil delivery restricts the progress of civil proceedings."Difficulty in delivery" has been caused by many reasons.It has become one of the difficulties in restricting the settlement of cases during the normal trial period.It connects all links.It can be said that without effective delivery,civil procedures can hardly operate normally.Therefore,in 2012,the Civil Procedure Lawsuit and the 2015 Lawsuit Interpretation have made major revisions to the delivery system,interpreting the relevant provisions,and examining the practical effects in practice.We can only say that the new delivery The system has been alleviated to a certain extent,but it has never fundamentally solved the "difficulty of delivery".This is because the procedural requirements in the legal provisions and the service in the judicial environment still have a certain degree of separation,and these are severely fragmented.It affects the effectiveness of specific delivery measures such as direct delivery,postal delivery,electronic delivery,and announcement delivery.However,it is gratifying that local courts have paid attention to the "difficulty of delivery" and have made a difference in this issue within the scope of the law.Many measures against grounding have indeed received considerable results.Based on the identity of civil judges in the grassroots courts,the author of this article feels the same about “ difficulty in delivery ”.Solving difficulty in delivery is not only a small problem of reducing the pressure of court service,but a big problem in China's efficiency and quality of civil justice.Then,the design at the legislative level needs to meet the precise requirements of judicial reform and the needs in operation.Change the delivery strategy and mode,identify the type and relationship of delivery,focus on the function of electronic delivery,emphasize the responsibility and obligation of delivery,and bear the cost of delivery.The judge looks at the position of his referee role and returns the judicial decision.Neutral referee standard is the most important.
Keywords/Search Tags:civil service system, Mode of Service, causes of civil service dilemma, to solve the path
PDF Full Text Request
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