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Study On The Difficulty Of Serving In Civil Procedure And Its Countermeasures

Posted on:2018-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:J SongFull Text:PDF
GTID:2346330515970883Subject:Law
Abstract/Summary:PDF Full Text Request
Civil service refers to the people's court in accordance with the procedures as provided by law and litigation activities in the litigation documents to send to the case of the parties or with other participants in the proceedings of a kind of behavior.Service is the most basic and essential in civil litigation activity link,its importance is self-evident.According to law,the relevant litigation documents once they are delivered,creates both entity or the effectiveness of the program.But for a long time,due to various reasons,the influence of abnormal bulge "served" problem.Especially some grass-roots court,"service" and "difficult to execute" problems and called the two great ills in civil lawsuit activity,difficult to effect a radical cure.In the current social background,along with our country economy and the progress and development of the society,people's increasing contradictions,showed an explosion trend in the number of civil trial,the case is more complex,and appear in the contradictions and problems become more and more prominent in the process of delivery.These contradictions and problems,in addition to the delivery system of its own upper Settings,more is in the practice of the trial arrived not arrived,these contradictions and problems restrict and hinder the other civil trial activities carried out smoothly.Legal service is to implement the law,standardize the necessary premise of justice,improve judicial efficiency,fairness and justice is the parties feel the trial of a mirror.But from now,both in terms of legislation and practice,are "served" problem is a lack of enough understanding,it is difficult to put forward the feasible solution and the solution.Paper applies the method of empirical analysis,from the trial practice,the problem of "difficult to reach" encounters,from theory to practice,a clear problem of "difficult to reach" status and performance,analysis the cause of the problem of "difficult to reach",through the process of service delivery can shed light on the problem and poor service and analysis of key analysis trial practice widely used such as direct service,served by mail,lien,announcements and other delivery way,analysis the characteristics of their respective understanding of several common service to a difficult situation,from their faces various difficulties,multiple points of view for reflection,put forward the targeted countermeasures and solutions,so as to perfect the service system,to solve the problem caused by a series of "served" problem,to realize civil procedure in the organic unity of "justice" and "efficiency",safeguard civil litigation activities can be in accordance with the law,efficient and orderly proceed smoothly.
Keywords/Search Tags:civil service, delivery difficulty, countermeasure research
PDF Full Text Request
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