The Study On Service System Of Public Notice In Civil Litigation

In civil litigation,service is a relatively basic and guaranteed work in the litigation procedure,which runs through the whole litigation procedure.It is an important way for both parties and the people’s court to transfer the litigation information,a procedural means to safeguard the litigation rights of the person on whom the litigation is to be served,and an important guarantee for the court to exercise the judicial power.As a special way of service,service by publication reference is the last line of defense to ensure the court to exercise the judicial power and safeguard the procedural rights and interests of the parties and participants.Legislative provisions guide the accurate and orderly implementation of practical work,but there is an inevitable contradiction between the thin service system of the current legislation and the huge and complicated task of service in judicial practice,if the contents of relevant laws and regulations are not elaborated and explained,the phenomenon of "delivery for delivery" or even "service for service" will appear in the litigation procedure.In the long run,procedural justice and the protection of the parties’ rights will be unbalanced,which will undoubtedly greatly shake the judicial justice.The current law is inadequate for the guiding role of the system design in judicial work,the issue of research has been marginalized for a long time,the three amendments to the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as Civil Procedure Law)in history did not involve the part of service of public notice,indicating that this kind of safeguard procedure of civil action did not attract the attention of legislators and its development did not keep pace with The Times.With the steady progress of China’s in-depth judicial reform,the process of building a socialist rule of law system with Chinese characteristics and a country under the rule of law has made great strides forward,coupled with the horizontal comparison with the relevant systems outside the region,the institutional defects of the service of public announcement gradually emerged.For example,there is no explicit and standardized prerequisite for the launch of service by announcement at the present stage;the 60-day service period prescribed by the legislation is too long,and it does not set the period differently according to the types and times of service;the statutory mode of service of notice is single and lacks validity,limited to the people’s court daily,the bulletin board of the court and the related websites with minimal page views,in general,it is difficult for the person on whom the litigation is to be served to know the litigation information in a timely and accurate manner and respond to the court proceedings;In the current legislation,there is no provision for the remedy of the rights of the person on whom the litigation is to be made.Although the court is in a neutral position,the legal meaning of the legislation stipulates the legal responsibility of many defendants,some take the plaintiff’s side too far and are biased.Therefore,based on the basic theory of public announcement service procedure in China and the existing legal provisions,the author draws on and analyzes the legislative provisions of service procedure that are relatively perfect outside China.Based on the application status of service of civil announcement in China,this paper puts forward some suggestions on the improvement of service procedure of announcement in China,it mainly includes: through legislation,clearly defining the standard of "unaccounted for" for the premise of use and the scope of "cannot be served by other means";The length of the period for the service of the announcement shall be adjusted,and the 60-day period,which has been in use for several decades,shall be shortened in general.Special provisions shall be made separately according to the types of cases accepted and the types of documents served;We will expand the channels and physical places for the service of public announcements,and establish a court-centered information collection network for the addressee,so that all legal subjects in the society can actively cooperate with the relevant work of the people’s courts;Through legislation,it seeks to establish a relief system for the right of the parties in the procedure of public notice service.In this way,the author tries to put forward constructive and feasible Suggestions for the improvement of the system of public notice service of civil litigation in our country,and makes a great contribution to the progress of the system.