On The Improvement Of My Country's Civil Service Mechanism

The difficulty of civil service is one of the major problems that have long plagued courts."Difficult delivery" is not only reflected in the low power of delivery,but also in the consumption of judicial resources.Articles 84 to 92 of China's Civil Procedure Law stipulate the service system,which mainly involves the certificate of service and 7 specific methods of service.Although the interpretation of the Civil Procedure Law and the Supreme People's Court's judicial interpretation of service have further enriched the content of the service system,and proposed some more specific operational solutions for the service difficulties in judicial practice,the problems in judicial practice remain It is stretched.This article analyzes the civil service mechanism and puts forward suggestions for improvement in terms of protecting the rights and interests of the parties and improving efficiency.The full text is divided into four parts:The first part of this article analyzes the meaning and value of the civil service mechanism.The civil service mechanism is the dynamic operation mechanism of the civil service system.The smooth civil service mechanism is the result of the active participation and cooperation of both the court and the parties.The most important value orientation of the service mechanism is to protect the parties‘ right to request for a hearing.The right to a request for hearing is the basic right of procedure enjoyed by the parties.The smooth conduct of the service objectively provides the conditions for the parties to participate in the trial and express their opinions.The main method of the right to be notified;efficiency is also one of the important values pursued by the service system,and the level of service efficiency plays an important role in the entire process of litigation activities.The second part investigates the extraterritorial civil delivery mechanism and tries to draw some experience that can be used for reference.Common law countries mostly adopt litigant litigation models.The parties play a leading role in advancing the litigation process,and they also play a vital role in the service system.The civil law countries represented by Germany and Japan mostly adopt the authoritarian litigation mode.The court is the main body of service,but the role of the parties is not excluded.Although the specific requirements of the delivery system vary from country to country,they show similarities in many aspects.For example,they have detailed regulations on delivery methods,and they have strictly limited the application of announcement delivery methods.They pay attention to the purpose of delivery and consider efficiency.The third part sorts out the typical problems of China's civil service mechanism and analyzes the service reforms made by the people's court.The problem of service is mainly reflected in thefact that the service method of the announcement is easy to be abused,the relevant obligations of the service person are not specified,and the detailed rules for the specific service method are lacking.Among the reform measures,the establishment of a national unified new electronic delivery platform by the Supreme People's Court has pointed out the development direction of the delivery system;the cooperation between the Zhejiang High Court and the Ali Group in the local courts has caused major repercussions,and new ways of cooperation have been brought to The Nanshan District Court attaches great importance to the role of the service address clause in the civil and commercial contract.The Sanshui District Court integrates internal resources with its actual situation and strengthens external cooperation to reflect the idea of comprehensive governance.The fourth part makes suggestions on the improvement of China's civil delivery mechanism by referring to the experience of developed countries outside the country and its own reform situation.Legislatively improve the principle of the delivery system,stipulate the rights and obligations of the parties,improve specific delivery methods,and attach importance to the confirmation system of the delivery address;integrate various resources in the judiciary,actively carry out multi-sector cooperation,and strengthen contact with grass-roots organizations.