Research on Comparisons between Civil Initial Service Procedure of Germany and Japan
In Germany and Japan,civil initial service procedure is deployed in indictment accepting phase.Legal and effective initial service is an important standard to judge pending action opening and is an indispensable part to make civil action between two countries render into a judicable case of court from the accusers prosecution.In specific design of procedure,requirement of definition of domicile of party concerned for accuser pleadings in two countries laws reaches the standard of requirement of prosecution of be able to accurately deliver to defendant instead of staying in the standard of sufficient to differentiate defendant from other people adopted by parties involved in traditional procedure of delimitation.As to unfavorable results due to accuser failing to provide accurate address for service and leading to failure of initial service,two countries laws both stipulate it borne by accuser.As an exception of refusing failed initial service,both two countries laws have strict procedures for limitation of service by publication,both showing special attention to summoned persons procedural interest.Through exploration on three aspects of positioning of civil initial service procedure,stage of procedure unfolding and procedural result of failed service,we can see that two countries civil initial service procedures show the feature of party-leading legal proceedings in civil law countries.
civil initial service pending action unsuccessful delivery procedure structure party-leading lawsuit system
Xiaoli Wu Rong Wang
College of Jincheng Nanjing University of Aeronautics and Astronautics Nanjing,Jiangsu,China 211156
国际会议
圣彼得堡
英文
590-593
2016-09-27（万方平台首次上网日期，不代表论文的发表时间）