中国民事诉讼中公告送达的困境及其破解

The Difficulties and Countermeasures in Service by Publication of Civil Procedure in Contemporary China

当前,中国公告送达数量惊人,已超过传统媒体适合承载的限度,适用公告送达滥用现象明显,实践中粗疏随意,效果较差,难以实现"送而达"。这主要与传统公告方式的固有缺陷等因素相关,公告送达亟待突围。构建送达信息一体化平台,可为法院送达提供可靠信息来源;构建新型公告送达平台,构建统一的信息网络公告系统和公告送达管理系统,可以提升公告送达的质量和效果。

At present,the number of using service by publication is staggering and even goes beyond the limit where the traditional media is suitable for carrying. Service by publication is obviously being abused and is practiced carelessly. It is out of condition because of the difficulties to achieve the ＂ send and reach＂ standard. This is mainly related to the inherent defects of the traditional methods of service by publication. It is urgent to break through the dilemmas of service by publication. This paper tries to build a platform of integrative service information which provides the court with reliable sources of information as well as a new platform of service by publication which involves a unified media system and a precise management system,with an aim to improve both the quality and efficiency of service by publication.