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Research On Improvement Of Domestic Civil Service System

Posted on:2016-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:W W XiaoFull Text:PDF
GTID:2296330482476540Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of our social economy, the improvement of citizens’legal consciousness, the incidence rate of civil and commercial cases is rising year by year. In this situation, because of the increase of population mobility, the decrease of social integrity and the lack of judicial authority, the difficulty of the service of legal process is maintained a high level in nowadays. For service of litigation document in the court trial work takes a larger proportion of the proceedings, it becomes a interests subject for a court judge that, how to dividing responsibilities, decomposing workloads, and reducing cost of operations in service. According to the relevant provisions of the current civil procedure law, as a local primary count investigator and judge, author try to give some legislation and judicial suggestions based on recent judicial practice.For the construction of service system, there are same different forms our country and the others, which brought differences for difficult and result of judicial practice. Through particularizing legal regulations of typical counties, such as Japan, USA, and France,with deconstruction difference of legislation between our county and theirs, analyzing practice problem of judicial process, could bring some reference to service problems in our county. In author opinion, there are some insufficient in legislation of current legal regulations, which could be the key issue of "service difficulty". This article described the value of service system, form implication to seven practical service patterns, which based on the latest revision of Civil Procedure Law and it’s judicial interpretation, pointed out insufficient in legislation according judicial practice, and gave same legislation and judicial advise.This article, mainly focus on "service difficulty" problem to analyze the root cause, and for practical problems, such as difficult-reaching direct service, irregular post service, and costly publication service, try to give same practicable suggestion to system construct and legislation. The core of "service difficulty", it’s the division of responsibility and legal right. Because of historical issues accumulated during a long period in our country’s procedure system, it can’t be changed in one time, it need be gradually improved. This article can only give rough directions of solution this time.Although there accrued judicial practical difficulties in civil service, but with progressing in technology and new view in legislation, situation will be gradually improved. Meanwhile, it’s also need the government, the society, and the judicial, to work together to complete our county’s civil service system, to reduce difficulty, to increase legally effectively service reaching rate. That will be more efficiency to count, and safeguard the legitimate rights and interests of the parties, Embody the value of justice, efficiency, benefit, and decisive of significance.
Keywords/Search Tags:civil service, Civil Procedure Law, service difficulty, improve
PDF Full Text Request
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