An Empirical Study On The Civil Service System In China

Civil service is an important link in the civil procedure of our country,which is related to whether the case can be heard normally,whether the judgment result can be communicated in time,and whether the rights of the parties can be effectively protected.In recent years,with the increasing number of civil and commercial cases,especially the deepening of judicial reform,the problem of "more cases and fewer people" in the people’s court has become increasingly prominent,and "difficult to serve" has been an important problem restricting the improvement of the trial efficiency of the people’s court.The author,taking w court as a sample,studies the current operation of various civil service modes stipulated in China’s civil procedure law,and finds that different service modes are faced with different difficulties,such as: direct service is often changed into "telephone reception" because the address of the parties is difficult to be determined;mail service is greatly increased because of the court courier opened by China Post,but It is still obvious that the parties refuse or return the address inaccurately;the legislation setting of passive electronic service is too conservative;the practical operability of retention,entrustment and transfer service is very low;there is no standard bottom line in the use of announcement service.These problems directly restrict the improvement of civil trial efficiency in China.Generally speaking,there are three problems in the civil service system: first,the subject of civil service is too narrow,and the provisions on the subject of civil service in China’s civil procedure law are only limited to the people’s court,ignoring the subjective activity that the parties and the administrative organs may have in the civil service activities;second,the establishment of the object of civil service is too cumbersome,and most scholars in China think that our people The service of matter should be classified according to the different objects,and the Civil Procedure Law of our country also limits the civil service methods according to the different objects,which leads to the process of civil service in the court is too circuitous and the cost is quite high;thirdly,the operation efficiency of civil service is low,and the direct service is still used as the main and other delivery in the civil service methods of our country The mode of operation,which is supplemented by the mode of delivery,can not meet the needs of today’s social development.In order to better adapt to the new era of zero distance people’s relations,endlesssocial contradictions,high-speed development of scientific and technological means,we should restructure the civil service system,optimize the subject,object and delivery methods of civil service.There are three main points as follows: first,expand the subject of civil service,give full play to the advantages and characteristics of China’s socialist system,and bring the parties and administrative forces into the subject of service;second,unify the object of civil service to avoid the inefficiency of civil service caused by too cumbersome hierarchical service;third,change the original order of civil service methods,and put the announcement service in front and normalized In order to improve the efficiency of civil litigation,and based on the digital infrastructure proposed by General Secretary Xi Jinping,we strengthened the construction of the wisdom court and communicated the electronic data of various departments in the country,serving the electronic service as the main means of delivery,and serving other civil services as an auxiliary means of delivery.