论我国民事“送达难”的成因与对策

发布时间：2018-11-10 14:05

【摘要】：民事送达制度是民事诉讼中法院、当事人和其他诉讼参与人之间诉讼行为和信息沟通的手段,其重要意义显而易见。但由于我国立法上对民事送达程序规定的具体性不足,导致实践操作中存在很多难以有效应用的规定,制约了送达工作的进行。实践中,法院、邮政机构普遍存在粗糙送达的现象,易引起当事人对送达效力的质疑,制约了送达效力的实现。而在当今诚信意识缺乏的背景下,当事人采取的隐瞒、谎报、避诉等不诚信行为更是成为“送达难”的一大诱因。实践中,“送达难”现象的愈加突出,不断掣肘着案件的进程,“送达难”问题亟待缓解和解决。为此,可以对我国的民事送达做如下完善:一是通过立法细化一些实践中适用比较混乱的送达方式、取消不适应实践需要的送达程序规定,对实践中的一些灵活性做法给予选择性的法律认可;二是通过规范、惩戒法院、被送达人和邮递人员的行为,提高送达的效率和有效性;三是通过对送达地制度的完善,以尽可能的方法寻找当事人的地址,尽量保证实际送达到被送达人。同时,由当事人对因自身问题导致的送达不能负责,适当减轻法院所承担的责任。通过对我国民事送达立法的完善以及针对实践中的送达各方的行为的规范等提高送达的效率和成功率。
[Abstract]:The system of civil service is a means of communicating actions and information between the court, the parties and other litigants in civil litigation, and its important significance is obvious. However, due to the lack of specific provisions on the civil service procedure in our country's legislation, there are many provisions which are difficult to be effectively applied in practical operation, which restrict the work of service. In practice, the phenomenon of rough service exists in courts and postal institutions, which easily causes the parties to question the validity of service and restricts the realization of the effectiveness of service. However, under the background of lack of honesty consciousness, dishonest behaviors such as concealment, false report and avoidance of complaint have become a major inducement of "difficult to serve". In practice, the phenomenon of "difficult to serve" becomes more and more prominent, constantly constraining the process of the case, and the problem of "difficult to serve" needs to be alleviated and solved. For this reason, the civil service of our country can be perfected as follows: first, through legislation to refine some of the more chaotic service methods applied in practice, to cancel the provisions of service procedures that do not meet the needs of practice. Selective legal recognition of some of the flexibilities in practice; The second is to improve the efficiency and effectiveness of service by standardizing, disciplining the court, the person served and the postal personnel. Third, by perfecting the system of the place of service, seeking the address of the party as far as possible, and ensuring the actual service to the person served as far as possible. At the same time, the parties cannot be held responsible for the service caused by their own problems, so as to lighten the responsibility of the court. This paper improves the efficiency and success rate of service by perfecting the legislation of civil service and standardizing the behavior of the parties in practice.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1

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