What problems should be paid attention to when the announcement is delivered?

Notice service should pay attention to the following issues:

First, it is clearly applicable to the delivery of announcements. Judging from the provisions of Article 92 of the Civil Procedure Law, there are two situations that can be served by public announcement. One is the case where the addressee's whereabouts are unknown, and the other is the case where it cannot be delivered by other means specified in this section. That is to say, public announcement service can only be applied if five delivery methods, such as direct delivery, lien delivery, entrusted delivery, mail delivery and forwarding delivery, cannot be delivered. Judging from the legal provisions, we must first clarify the concept of "disappearance". Missing refers to the situation that citizens leave their last place of residence and have no news of them. When the people's court serves relevant legal documents, the people's court may announce the service as long as the addressee is in a state of missing. It can be seen that "missing" only refers to the time when legal documents are delivered, not a certain period of time that the system of declaring missing and dead must pass. When verifying the whereabouts of the recipient, we should pay attention to the fact that the defendant's whereabouts cannot be determined only by the plaintiff's word, or by one or two phone calls, or by one or two returned letters. Secondly, the plaintiff should bear the burden of proof on the issue of the burden of proof that the recipient is missing. The plaintiff must have a clear defendant when suing. In other words, the plaintiff should provide the defendant's address or other contact information in addition to his name and other basic information. Therefore, the plaintiff should bear the burden of proof for the fact that the defendant is missing. If the parties are unable to investigate and collect evidence due to objective reasons, they may apply to the people's court for investigation and collection of relevant evidence.

Second, standardize the delivery method of announcements. There are many problems in the way of serving the notice in judicial practice, such as posting the notice on the bulletin board at the gate of the court, but posting it casually and its position is not eye-catching; Publish an announcement in the People's Court Newspaper or local newspapers, but it is not easy for the addressee to read such newspapers, which has little effect and is useless to the addressee. According to Article 138 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC): "The announcement can be posted on the bulletin board of our hospital and the address of the addressee, or published in newspapers, information networks and other media, and the date of issuing the announcement is the date of the last posting or publication. If there are special requirements for the delivery method of the announcement, the announcement shall be made in the required way. When the announcement expires, it will be deemed to have been delivered. " It can be seen that there are three ways to deliver the announcement. These three ways of issuing announcements have their own scope of application and cannot be confused. The first way of announcement is to post announcements on the bulletin board of the court and the original residence of the addressee. This announcement method is suitable for five delivery methods, such as direct delivery and lien delivery, which cannot be delivered, but there is evidence that the addressee often goes home or contacts his family frequently, and the whereabouts of the addressee are not really unknown. The announcement shall be posted on the bulletin board of the court and the original residence of the addressee, and the case tried by the people's court shall be posted on the bulletin board of the court at the same time. In practice, people's courts often ignore posting notices at the original residence of the addressee. The second way of announcement is to publish announcements in newspapers and information network media. This kind of announcement is applicable to the case that the true whereabouts of the addressee are unknown and their relatives and neighbors do not know their whereabouts. There are some misunderstandings in the trial practice, and it is considered that the announcement in the newspaper is more effective than other announcement methods. However, practice has proved that due to the unscientific choice of newspapers, the probability of the recipient appearing in court is almost zero. Therefore, when choosing a newspaper, we should consider the areas where the recipients may appear, and then select a newspaper for announcement, and at the same time follow the principle of big publicity. With the development of society, people's lives are closely linked with information networks and other media, and media announcements in information networks and other media have emerged as the times require, breaking through the geographical restrictions of recipients, but at this stage, due to the low utilization rate, this delivery method has not been popularized. If the third method of announcement has special requirements on the delivery method of announcement, it shall be announced in the required way. In a word, the judge should correctly choose the service mode of the announcement according to the actual situation in the process of hearing the case, which can not only reduce the litigation cost of the parties, but also maximize the protection of the right to know the litigation of the addressee and realize the purpose of serving the announcement.

Third, the problems that should be paid attention to in the procedure. In trial practice, judges often ignore the application of the second paragraph of Article 92 of the Civil Procedure Law when undertaking cases served by public announcement, and the case file does not show the application of this paragraph. This paragraph stipulates that "when the announcement is served, the reasons and process shall be recorded in the case file." Judging from the legal provisions, the word "should" indicates that this provision is mandatory and has strong legal binding force. The content of this provision should be understood from two aspects: on the one hand, it is required to record the reasons for the service of the announcement. The judge in charge should not only examine the evidence materials whose whereabouts are unknown, but also examine their authenticity and legality, and also investigate and ask the relatives or neighbors of the addressee, and form a transcript attached to it. Accurately investigate the reasons why the addressee's whereabouts are unknown, prevent the abuse of public announcement service, safeguard the legal litigation rights of the addressee and ensure the judicial justice of the court. On the other hand, it is required to record the delivery process of the announcement. Judging from the consulting situation of the announced cases, some posted notices attached to the case files are simplified and procedural, and there are no announcements for specific cases. In some cases, only the copy and summons were served, but not the judgment. Whether a judge posts an announcement or makes an announcement in a newspaper, the case file must reflect the service situation and process of the announcement, otherwise the service procedure of the announcement is illegal. Therefore, this provision is an effective supervision of the legality of the procedure of serving notices by judges, and it is also one of the effective measures to promote judicial justice.