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民事公告送达是民事诉讼中的一种辅助送达方式,其以民事推定理论为基础,可能导致受送达人无法知悉诉讼信息,损害其诉讼权利,应当严格谨慎适用。而当前司法工作呈现出公告送达制度适用过广、裁定随意等现象,严重影响了程序正义的达成,损害了司法工作和法院判决的权威与公信,对公告送达的规范,成为司法公正的迫切要求。规范公告送达制度的适用应从立法、司法、检察监督等多渠道寻求途径。
Civil service delivery is a kind of auxiliary service method in civil lawsuit. Based on the theory of civil presumption, it may lead to the receiver being unable to know the litigation information and impair the right of litigation, which should be strictly and prudently applied. At present, the judicatory work has shown that the system of proclaiming announcements has been applied widely and arbitrarily. This has seriously affected the procedural justice, undermined the authority and credibility of judicial work and court judgments, and standardized the service of proclamations, thus becoming judicial Urgent requirement The application of the normative notice service system should seek ways from multiple sources such as legislation, judicature and procuratorial supervision.