论民事公告送达的完善

On the Perfectibility of the Service of Civil Announcement

公告送达存在的价值在于其通过媒介可以进行诉讼信息的传播,并以此发挥着联结法院和当事人、促进程序展开的作用。实践中,公告送达的功能发挥不尽人意,信息传播的实质功能没有得到很好地体现。法院错误适用以及瑕疵适用公告送达的情况普遍存在,适用过程中也疏于考虑受送达人的利益。因此,必须以以当事人权益保障为出发点,完善以当事人为中心且充满人性化的公告送达制度。

The value of announcement service lies in communicating litigious information through the medium, playing a role in connecting with the court and the parties and promoting the procedure. In practice, the function of announcement service is unsatisfactory and the substantial function of the information communication has not been demonstrated well. Incorrect application and flawed application is widespread. In the course of which the interests of the person on whom the litigation document are to be served are neglected. Therefore, taking protection for rights and interests of the parties as the starting point, the research on how to perfect t service system and make it to be full of humanity and regard the parties as the center has important practical significance.