论我国民事公告送达制度的实践困境与完善

On the Practice Dilemma and Improvement of the Service System of Civil Announcement in China

  • 摘要: 公告送达是我国民事诉讼送达制度中一种重要的方式,如今在司法实践中趋于一种形式化的办案程序,法院公告送达的目的仅仅是履行送达程序,至于受送达人的程序利益在所不问。通过对某些基层人民法院的法官及书记员访谈了解到,采用公告方式送达的案件中,受送达人通过公告得知诉讼信息而参与到诉讼中的情况几乎没有,这样的司法现状背离了送达制度的目的,不利于我国司法服务水平和保障能力的提升。改革公告送达的方式,最大程度上使得公告内容被受送达人所知悉,保障受送达人的程序利益是送达制度面临的重要任务。

     

    Abstract: Announcement service is an important way in the system of civil litigation service in China. Nowadays it tends to be a formal case handling procedure in judicial practice. The purpose of the court announcement is simply to fulfill the service procedure, and the procedure benefit of the receivers is not in question. Through interviews with judges and clerks of some basic People's Courts, it is known that in the cases served by means of announcement, there is almost no case in which the receivers is informed of the litigation information through the announcement. Such judicial status deviates from the purpose of the service system, which is not conducive to the improvement of China's judicial service level and support capacity. It is important to reform the way of the announcement service, make the content of announcement known to the receivers, to the greatest extent and protect the procedural benefits of receivers in service system.

     

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