1, direct delivery
Direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery. In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures. Under normal circumstances, if the addressee is a citizen, the citizen will directly sign for it. When a citizen is absent, it can be signed by an adult family member who lives with him.
2, lien service
Lien service means that when the addressee refuses to serve the litigation documents unreasonably, the addressee places the litigation documents at the addressee's residence according to law, which has the legal effect of service. Article 79 of the Civil Procedure Law stipulates: "The person served or his adult family members living together refuses to accept the litigation documents. The addressee shall invite representatives of relevant grassroots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be deemed to be served with the signature or seal of the addressee and witness. "
3. Entrusted service
Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect. The people's court responsible for hearing civil cases is called the entrusted court, and the court that accepts the service task is called the entrusted court. If the service is entrusted, a power of attorney shall be issued, and relevant litigation documents and service receipt shall be attached. The date when the recipient signs the receipt is the date of delivery.
4. Delivery by mail
Service by post means that the people's court sends the documents served to the addressee by registered mail through the post office. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly. According to Article 85 of the Opinions, if it is delivered by post, it shall be accompanied by a receipt of service. If the date of receipt indicated on the registered letter receipt is inconsistent with the date of receipt indicated on the delivery receipt, or if the delivery receipt is not sent back, the date of receipt indicated on the registered letter receipt shall be the date of delivery.
5. Announcement service
Service by announcement means that the court makes the litigation documents public by posting announcements and publishing newspapers. After a certain period of time, it is regarded as a way of service in law. According to the provisions of the Civil Procedure Law, public announcement service can only be applied if the whereabouts of the addressee are unknown or the first five methods cannot be served. After 60 days from the date of announcement, the delivery of the announcement shall be deemed as the expiration of the announcement.
Second, the scope of application of the award in civil proceedings
1, inadmissible;
2. Objection to jurisdiction;
3. Dismiss the prosecution;
4. Preservation and prior execution;
5. Permission or disapproval to withdraw the lawsuit;
6. Suspension or termination of proceedings;
7. Correct clerical errors in the judgment;
8. Suspension or termination of execution;
9. Revoking or refusing to enforce the arbitral award;
10, refusing to execute the creditor's rights documents with the enforcement effect given by the notary office;
1 1. Other matters that need to be resolved by adjudication.
3. What is the legal effect of a civil ruling?
1. The parties may not apply for arbitration again for the same reason and the same fact. China's "Economic Contract Arbitration Regulations" stipulates that China implements a one-time award system, that is, the effective award is the final award to resolve economic disputes between the parties, and no disputes are allowed.
2. A party may not bring a lawsuit to the people's court. After the ruling comes into effect, the parties shall not dispute a case whose statute of limitations has expired. If the parties file a lawsuit again, the court may not accept it.
3, the parties must abide by the terms of the effective award and the provisions of the automatic performance period. If one party fails to perform within the time limit, the other party may apply to the people's court with jurisdiction for enforcement.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. Article 97 A criminal suspect or defendant, his legal representative, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.