诉讼文书送达制度论

作为一个程序性、技术性的问题,送达因其琐碎,无论是在立法还是司法以及学术界都缺乏足够的关注。送达活动,作为诉讼程序中不可缺少的环节,在微观意义上,有着其独立的内在价值。本文正是基于送达的重大理论价值和实践意义,以我国的诉讼文书送达制度为基点,比较研究法、德、美、意、日和我国的送达制度,之后着眼于我国现行送达制度,对其现状进行一番反思与送达难的原因剖析,论证分析了我国送达制度的重建与完善的举措。

On the Service System of Litigation Document

As a procedure and technical problem, service is not concerned properly enough in legislation, judicature and academic world because of its trivial details. However, service system works as an important system in litigation system and service embodies the value of justice and efficiency from macro-sense. From micro-sense as an indispensable basic point in litigation procedure, service activities have their unique inherent value. On the basis of the important theoretical value and practical significance of service, using the litigation document and service system of our country as the basic point, comparing the service systems among France, Germany, America, Italy, Japan and china, particularly on our current service system, this paper reflects upon the present situation and analyzes the reason why service is difficult. It also verifies and analyzes the service system rebuilding and perfecting in our country.