If the whereabouts of the addressee of the legal procedure for public announcement service are unknown or cannot be served by other means as specified in this section, the court shall announce the service by itself. However, it must meet the conditions for the use of the announcement. According to the relevant provisions of the Civil Procedure Law, the service of public announcement must meet the following requirements or rules: (1) The court uses public announcement, which can be posted on the bulletin board of the court, the original residence of the addressee, or published in a newspaper. If the law has special requirements on the way of announcement, it shall be announced in the required way. (2) If a copy of the complaint or appeal is served by public announcement, the main points of the prosecution or appeal, the time limit for the respondent to reply and the legal consequences of the overdue reply shall be clearly stated in the announcement; Where a summons is served by public announcement, the place and time of appearing in court and the legal consequences of not appearing in court after the time limit shall be stated; If the announcement is served on the judgment or award, the main contents of the judgment shall be explained; The judgment shall be made by the court of first instance, and it shall also specify the right to appeal, the time limit for appeal and the people's court hearing the appeal. What problems should be paid attention to in the announcement service? 1. Accurately grasping the applicable elements of the announcement service and understanding the elements that meet the requirements of the announcement service are the prerequisites for correctly applying the announcement service procedures. Article 92 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If the whereabouts of the person to be served are unknown, or cannot be served by other means specified in this section, the notice shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is delivered, the reason and process shall be recorded in the case file. " It can be seen that there are strict procedural requirements for the delivery of announcements. According to the provisions of this article, if the court serves litigation documents in one of the following two circumstances, it may announce the service. (1) There is evidence that the whereabouts of the recipient are unknown; (2) There is no evidence to prove that the whereabouts of the addressee are unknown, but the litigation documents cannot be served on the addressee according to the modes of service specified in Articles 85 to 91 of the Civil Procedure Law of People's Republic of China (PRC), namely, direct service, lien service, entrusted service and post service. In order to avoid the abuse of the announcement service, the case should be strictly examined: 1. When filing a case with the court, it shall inform and provide the current detailed address and contact information of both parties. 2. If the addressee is not found at the time of service or the litigation documents served by mail are returned, it is not possible to generalize, and it is necessary to analyze specific issues, so it is not appropriate to directly announce the service; 3. If the whereabouts of the addressee are unknown, there shall be evidence to prove it. If the whereabouts of the addressee is unknown, it shall be confirmed by the public security department or its unit, street office and other departments. When necessary, it shall investigate and ask the close relatives of the person served. It is impossible to determine that the whereabouts of the served person are unknown because the prosecutor claims that the whereabouts of the served person are unknown, and it can be served by announcement. In short, we should actively protect the realization of the litigant's litigation rights, effectively resolve contradictions and disputes, and try to be cautious in using the way of announcement delivery. Second, pay attention to improving the contents of the announcement. The purpose of the announcement is to let the addressee know the main contents, corresponding rights and obligations and legal consequences of the litigation documents served by the announcement after seeing the announcement. Third, strictly regulate the record of the announcement delivered in the file. The second paragraph of Article 92 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "when the announcement is served, the reasons and process shall be stated in the case file". It is required to specify the reasons for the service of the applicable announcement, so as to facilitate the examination of the legality of the reasons for the service of the applicable announcement; It is required to record the service process of applicable announcements in order to facilitate the review of the legality of the service process of announcements. At present, the most commonly used forms of announcements in most courts are posting announcements and newspaper announcements. How to reflect the service process of the announcement? The author believes that whether there is a record of the delivery process of the announcement depends on whether there is a record of the delivery process in the file. The practice of the court where the author works is: in addition to the original manuscript and announcement, the file must also be accompanied by proof of receipt of posting the announcement at the above place; For newspaper announcements, copy and scroll the newspaper page where the announcement is located. 4. Choose the way of announcement service flexibly. The purpose of announcement service is the same as that of using other service methods, both of which are to let the addressee know the contents of the announcement served by the court. Combined with the legislative spirit of civil procedure law on announcement service. The general practice of the court is: 1. If the whereabouts of the recipient is unknown, if it is known that the recipient is active in a specific area, a notice will be posted in the main public places in the area. If it is impossible to know the activity area of the addressee, it can be announced through newspapers at or above the provincial level. 2. If there is no evidence to prove that the whereabouts of the addressee are unknown, a notice shall be posted on the bulletin board of the court, the possible residence, workplace and relatives' residence of the addressee, or published in the newspaper. 3. If there are special requirements for the delivery method of the announcement, the announcement shall be made in the required way. In a word, only by choosing the most favorable way to serve the announcement and delivering the litigation documents to the addressee to the maximum extent can the purpose of serving the announcement be realized. Five, pay attention to the scope of litigation documents that can be served in accordance with the law. Not all litigation documents can be served by announcement. When applying public notice, it is necessary to check whether the litigation documents served conform to the scope of publicity according to law. According to the relevant provisions of the Civil Procedure Law, the litigation documents that can be served by public announcement include the complaint or the copy of the complaint, judgment, ruling, summons and other litigation documents that can be served according to law; Litigation documents that cannot be served by public announcement include conciliation statement, notice of enforcing due creditor's rights and payment order, and other litigation documents that cannot be served by public announcement. If there are still many things you don't understand about the delivery of the announcement, you can consult a lawyer online, and this lawyer will answer you in detail.
Legal objectivity:
1. The Law on Public Announcement Service stipulates that public announcement service is a special way for the people's court to inform the addressee of the relevant contents of litigation documents through public announcement when the addressee's whereabouts are unknown or cannot be served by other means. The announcement of Article 138 of the Judicial Interpretation of the Civil Procedure Law can be posted on the bulletin board of the court and the address of the addressee, and can also be published in newspapers, information networks and other media. The date of the announcement is subject to the date of the last posting or publication. If there are special requirements for the delivery method of the announcement, it shall be carried out in the required way. Upon the expiration of the announcement, it shall be deemed to have been delivered. When the people's court posts an announcement at the addressee's residence, it shall take photos, videos and other ways to record the posting process. Article 139 of the Judicial Interpretation of the Civil Procedure Law shall explain the reasons for the service of the announcement; If a copy of the complaint or appeal is served by public announcement, the main points of the complaint or appeal, the time limit for the respondent to reply and the legal consequences of failing to reply within the time limit shall be explained; When the summons is served by public announcement, the time and place of appearing in court and the legal consequences of not appearing in court after the time limit shall be clearly stated; If the written judgment or ruling is delivered by public announcement, the main contents of the written judgment shall be clearly stated. If a party has the right to appeal, it shall also specify the right to appeal, the time limit for appeal and the people's court of appeal. Article 140 of the Judicial Interpretation of the Civil Procedure Law shall not be served by public announcement. Two. Scope of application of announcement service According to the relevant provisions of the Civil Procedure Law, announcement service must meet the following requirements or rules: 1. The court shall deliver the service by announcement, which may be posted on the bulletin board of the court, the original residence of the addressee, or published in a newspaper. If the law has special requirements on the way of announcement, it shall be announced in the required way. 2. If a copy of the complaint or appeal is served by announcement, the main points of the complaint or appeal, the time limit for the respondent to reply and the legal consequences of the overdue reply shall be stated in the announcement; Where a summons is served by public announcement, the place and time of appearing in court and the legal consequences of not appearing in court after the time limit shall be stated; If the announcement is served on the judgment or award, the main contents of the judgment shall be explained; The judgment shall be made by the court of first instance, and it shall also specify the right to appeal, the time limit for appeal and the people's court hearing the appeal. Three. Limitation of Civil Procedure for the Service of Public Announcement Article 92 If the whereabouts of the addressee is unknown, or it cannot be served by other means specified in this section, the public announcement shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. The people's court shall explain the reasons and process of the service of the announcement in the file. The announcement of Article 138 of the Judicial Interpretation of the Civil Procedure Law can be posted on the bulletin board of the court and the address of the addressee, or published in newspapers, information networks and other media. The date of the announcement shall be the date of the last posting or publication. If there are special requirements for the delivery method of the announcement, it shall be carried out in the required way. Upon the expiration of the announcement, it shall be deemed to have been delivered.