随着经济社会的发展,人口流动不断加速,民事送达难逐渐成为民事诉讼领域与民事执行难并驾齐驱的两大难点问题,由于送达程序是法院与当事人发生民事诉讼法律关系的前提,其无疑成为“难中头难”。查找民事送达难背后的实质无疑对破解当前司法顽疾,推动正在进行的司法改革具有重要意义。本文在分析最新的司法解释就送达难进行规制的基础上,借鉴前人的经验,得出我国民事送达难特别是审前民事送达的实质包含两点原因:内部原因在于绝对的职权主义司法模式之下法院的大包大揽在面对人口流动等新情况下的力不从心;外部原因则是受送达人拒绝送达。最后,在批判当事人主义的司法模式改造在我国行不通的前提下,得出符合我国国情、与当前司法改革相互承接的应对之策。 With the development of economy and society, the population flow accelerates rapidly and the civil delivery is hard to gradually become the two difficult problems in the civil litigation field and the civil execution. Because the delivery procedure is undoubtedly the premise of the civil lawsuit between the court and the parties Become a “hard time”. Finding the essence behind civil delivery is undoubtedly of great significance to cracking down the current judicial hardship and pushing forward the ongoing judicial reform. Based on the analysis of the latest judicial interpretations, the author draws on the experience of predecessors and concludes that there are two reasons why the civil delivery of civil code is difficult, especially pre-trial, Under the judicial model, the court’s big package has been unable to meet new conditions such as population movements; the external cause is that the service provider refuses to serve the party. Finally, under the precondition of criticizing the reform of the doctrine of the doctrine of the doctrine of the doctrine, which is not feasible in our country, it is concluded that the judicial reform in conformity with China’s national conditions and the current judicial reform should take on each other’s countermeasures.