The court summons and disability appraisal you mentioned are relevant documents that the people's court needs to serve to the parties involved in the case.
?First of all, in trial practice, in order to improve the efficiency of case handling, when serving litigation documents to the parties, sometimes others collect them on their behalf.
According to the provisions of the "Civil Procedure Law", there are six ways of service by the People's Court (direct service, lien service, entrusted service and mail service, fax, email and other simple service , forwarded service, announcement service). The law also provides for the case of collection by others, but the scope is narrow and should be regarded as a method of service other than the six methods. There are mainly the following legal provisions: Article 85 of the Civil Procedure Law stipulates that when serving litigation documents, they shall be delivered directly to the person to be served. If the recipient is a citizen and he is not present, the receipt must be signed by his adult family member living with him; if the recipient is a legal person or other organization, the legal representative of the legal person, the principal person in charge of the other organization, or the legal person or organization must sign for receipt. The person responsible for receiving the goods shall sign for receipt; if the recipient has a litigation agent, he may send it to his agent for signature; if the recipient has appointed a collector to the People's Court, the recipient shall hand it over for signature. Article 105 of the "Criminal Procedure Law" stipulates: The service of summons, notice and other litigation documents shall be handed over to the recipient himself; if he is not present, he may hand it over to his adult family member or the responsible person of his unit for collection.
Secondly, it can be seen from the above provisions that in civil litigation, if there is no litigation agent and designated collection agent, citizens can only collect the collection by their adult family members who live together; legal persons or other organizations can only collect on their behalf; It shall be collected by the legal representative or principal responsible person and the person responsible for receiving the goods of the legal person or organization. In criminal proceedings, the person in charge of the unit where the citizen works can also collect the money on his behalf. It can be seen that the legal provisions on the scope of collection agents are quite narrow, but various situations will occur in the actual litigation process, so many collection situations that do not comply with the legal provisions have emerged. If it cannot be delivered directly to the recipient, the recipient does not designate a collector but his other relatives will collect it on his behalf; when the legal document is delivered to the work unit, if the recipient is not available, his colleagues will do it on his behalf. When the recipient is a legal person or other organization, it shall be handed over to any of its staff to collect it; when there are two or more parties, one of the parties shall collect the legal documents of the other parties; the recipient is a husband and wife. When there are two persons, only one party signs for the receipt without indicating the collection situation; even when multiple parties of one party have appointed agents, one of the agents collects the goods for other parties or his agent, etc.
Finally, the negative impact of irregular collection behavior is obvious. If the collector will transfer the legal documents to the recipient in a timely manner and the recipient has no objection, there may not be any problem. However, if the collector fails to transfer the legal documents to the recipient in time or the recipient If the person to be served is resistant to the court's decision, it may cause the person to be served to question it, and even think that justice is unfair, leading to petitions and other issues, which will seriously damage the judicial image of the court in the hearts of the people.
Relevant legal provisions:
Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China"
Article 132 If the person to be served has an agent ad litem, the people's court may serve the document not only on the person to be served but also on his agent ad litem. If the recipient appoints an agent ad litem as the collector, when service is made to the agent ad litem, service with lien shall be applicable.
Article 133 The mediation letter shall be delivered directly to the parties concerned, and service with lien shall not be applicable. If the party concerned is unable to sign for the goods for any reason, the person designated by the party may sign for the goods.