民事诉讼公告送达途径探索

Exploring the Ways of Serving Civil Litigation Announcements

送达贯穿民事诉讼始终,自起诉至裁判,无一不在体现着由送达而衔接的诉讼流程。作为“兜底性”的送达方式,公告送达既是保障当事人参与诉讼活动、积极行使诉讼权利的手段,亦是法院穷尽所有方式依旧送达不能,进而启动缺席审判程序的正当性证明。公告送达在司法实践中发挥重要作用,但始终存在送达效果不彰、送达到庭率极低之现象。对此,完善公告送达途径需要以“可知悉性”为基点确立送达途径的前提,确保公告送达的有效性;以程序阶段为界限划分不同送达文书的可知悉程度,确保公告送达的可操作性;以移动互联网产品为依托扩充公告送达的受众范围,实现公告信息的有效传递。

Service runs through the whole process of civil litigation, from prosecution to judgment, reflecting the litigation process of service connection. As a“low-level”service method, official service is not only the last resort to ensure the parties’ participation in litigation activities and the active exercise of litigation rights,but also a legitimate reason for the court to initiate a default judgment after it has exhausted all but still fail to serve. Announcement service plays an important role in judicial practice, but there is always a phenomenon that the service effect is not obvious and the service rate is extremely low. In this regard, to improve the way of public announcement service, the premise of the way of service based on“knowability”should be established to ensure the effectiveness of public announcement service. The degree of knowing of different documents served should be divided by the boundary of procedural stage to ensure the operability of public announcement service. The audience range of announcement delivery should be expanded based on mobile Internet products to realize the effective transmission of announcement information.