What are the service requirements for lien service?
1. What is the refusal of the addressee or his adult family members living together to receive litigation documents? The addressee shall invite representatives of relevant grassroots organizations or units to be present to 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. Lien service refers to the way of service in which the litigation or legal documents are left at the addressee's residence through witnesses when the addressee refuses. According to the provisions of Article 79 of the Civil Procedure Law, if lien service is applicable and the addressee refuses to accept the service document, the representative of the relevant grassroots organization or unit shall be invited to witness, and the litigation document or legal document shall be left at the addressee's residence, and the addressee and witness shall sign or seal the service receipt. These provisions are difficult to realize in judicial practice, which leads to the service of lien in name only. 1, the legal requirement of lien service is difficult to realize. Article 79 of the Civil Procedure Law stipulates that "the addressee shall invite the representatives of relevant grass-roots organizations or units to be present, explain the situation, and record the reasons and date of refusal on the service receipt, which shall be signed or sealed by the addressee and witnesses". In practice, the invitation of the trustee is not mandatory, and the representatives of the relevant grassroots organizations or units of the trustee have no legal obligation to accept the invitation, and the degree of cooperation depends entirely on the freedom of the other party. For those who refuse to cooperate, the addressee has no right to interfere, and even if he is present, he cannot legally sign or seal. 2, lien service is not conducive to the privacy of the parties. Privacy refers to secrets that the parties do not want to disclose. In many cases, the parties often regard litigation behavior and judgment results as privacy and do not want to be known by others. However, when the lien is delivered, representatives of relevant grassroots organizations or units must be invited to be present. At the same time, it is inevitable that neighbors or other people will watch, even know something or not, and spread abnormal information to the outside world. This is the most disgusting thing for detaining parties, especially enterprises and other organizations. 3. It is difficult for detained witnesses to deliver invitations. When delivering the retained property, representatives of relevant grass-roots organizations or units shall be invited to be present according to law. However, there are many grass-roots organizations in a region, and the recipients are not clear about the relevant grass-roots organizations that may be involved, and they are not familiar with the office space, or the recipients' residence is far away from the office space of the grass-roots organizations, which takes a lot of time to find, and the grass-roots organizations are not invited, so they often cannot send representatives to witness in time, so they must reschedule the delivery time or refuse to send representatives to witness for some reason. In particular, some grass-roots organizations have no prestige, and some are lax in their work, fearing to be witnesses and retaliation from the parties. Therefore, it is difficult to invite witnesses. 4, lien service is easy to intensify contradictions. For litigation documents and legal documents served by the people's court, some defendants and their adult family members who live together have a weak legal awareness, do not understand the nature of litigation documents and legal documents, and do not listen to the explanations of the service personnel. They believe that they will bear any legal responsibility after receiving the litigation documents, and they will not cooperate on the grounds that the invitation of witnesses will have adverse effects. In this way, the contradiction between the parties and the court is formed, and the defendant often thinks that the plaintiff has given many benefits to the court case handlers and so on. For example, when our hospital delivered the case of Liao v. Xu Fuxiang's divorce, the defendant Xu Fuxiang thought that the service staff of our hospital accepted Liao's benefits, did not listen to the explanation, and used bad words to hurt people. At this time, we invited the local village cadres to testify, and the village cadres were afraid to sign the receipt for fear of intensifying contradictions. 5. The delivery efficiency of lien is low. When the document is delivered, the addressee often has to do a lot of explanation work, and some time is as long as 1 to more than 2 hours. In addition, the donee has a residence but no one lives, and adult family members live together, but it is difficult to determine whether they live together. Whether the witness can cooperate in time seriously affects the efficiency of lien service, and the majesty of the law is gone. 2. What are the service requirements for lien service? According to Article 82 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), if the addressee refuses to accept the litigation documents, and the representatives or other witnesses of the relevant grass-roots organizations or units are unwilling to sign or seal the service receipt, the addressee shall record the situation on the service receipt and leave the service documents at the addressee's residence, which is deemed as service. Article 79 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee shall invite the representatives of relevant grass-roots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and the litigation documents shall be deemed to have been served with the signatures or seals of the addressee and witnesses. Although it is stipulated that legal documents can be served by lien, there are certain restrictions in applying this service method, and it is impossible to serve them by lien from the beginning. Generally, the addressee refuses to receive the document or is unwilling to sign and seal the receipt.