试论民事诉讼当事人送达制度之建构

On the Legal Theory and Legislative Conception of Service by Parties

民事送达贯穿民事诉讼活动的始终,对整个民事诉讼活动的进程有着较大影响,是一项非常重要的民事诉讼行为。我国目前的民事诉讼法送达侧重于职权主义,其目的主要在于保障诉讼进行,而非保障当事人的程序利益,在司法实践中,"送达难"仍然是困扰各级法院的一个难题。为此,本文以送达难为引子,对当事人送达进行法理分析的基础上,提出对当事人送达的立法设想。

The civil service is an very important civil act of procedure pierces through the whole case in court, and always affects the progress of the civil case greatly. Oneness and backwardness of the subject of civil service in our country, affected the court to handle the ease in time, disrupt the normal litigation order, hinder the party to exer- cise litigation right in time and to protect the substantive right. In order to improve the civil procedure law of our coun- try, from the beginning of the value of the civil service, the thesis tries to analyze the service by the party with the view of the legal theory, thus put forward legislation on the civil service by the party in the future.