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民事送达是当事人之间以及法院和当事人之间一座沟通信息的桥梁,也是不同诉讼程序之间的连接纽带,是一项基础性的诉讼制度。由于近几年法院实务中出现的“送达难”问题,送达制度引起了关注。公告送达作为民事送达的补充方式,在司法实践中功能发挥失衡,价值实现错位,正逐渐沦为法院促进诉讼程序展开的工具而变得徒有虚名。2015年《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》,第三条内容对公告送达加以规制,包括引入网络公告送达概念,试图在新背景下运用信息技术手段破解实践中的送达困境。本文试图从我市两级法院公告送达的现状入手,分析导致当前公告送达困境的内在原因,对公告送达方式自身特点进行讨论,并尝试提出解决问题的可能路径。
Civil service delivery is a bridge between the parties and between the court and the parties, as well as a link between different proceedings. It is a basic system of litigation. Due to the “hard-to-reach” issue appearing in court practice in recent years, the delivery system has caused concern. Being served as a supplement to civil service, the service of notice has become unbalanced in function in judicial practice, and its value is being dislocated. It is gradually becoming a tool used by courts to promote litigation procedures. 2015 Interpretation of the Supreme People’s Court on the Application of Civil Procedure Law of the People’s Republic of China, the third section regulates the delivery of bulletins, including introducing the concept of online bulletin serving, attempting to crack down on practices in the new context using information technology In the delivery of the dilemma. This article attempts to start from the status quo of service delivery at two levels of courts in our city, analyzes the internal causes that lead to the current notice service difficulties, discusses its own characteristics of the service delivery mode and tries to propose possible solutions to the problem.