送達制度的結構性轉向──從“結果型”走向“過程型”

我國的送達制度是按照結果導向型思維打造的“結果型”送達。“結果型”送達是以受送達人為主體偏向、以實質性送達效果為制度目標和法院全責型的送達結構，這種結構為送達不能、送而不達等送達難現象提供了制度環境。規範的送達制度應當是按照過程導向型思維打造的“過程型”送達。“過程型”送達是以受送達人程序利益為保護對象、以過程理性為制度核心、可實現程序自治的送達結構。由“結果型”送達向“過程型”送達轉向是解決我國送達制度困境、重構我國送達制度的具體路徑。該路徑的實現以強化送達過程的理性建設為重點，信息化手段、社會化方法、交互性機制和推定規則可以為我國送達制度結構性轉向提供技術保障。

China’s service system is based on result-oriented thinking, which focuses on subjective state of the party to be serviced, and takes the substantive service result as the objective. In addition, the court is almost fully responsible for the legality of service. This model provides an institutional environment for difficulties in service such as non- service and unsuccessful service. The more desirable service system should be built based on the process-oriented thinking. The process-oriented model takes procedural interests of the party to be serviced as the protection object and process rationality as the core of the system, which could realize the procedural autonomy. The shift from result-oriented service to process-oriented service is a specific path to solve the dilemma of service system and reconstruct the system. Strengthening the rational construction of service process is critical for realizing such a goal. Moreover, such means as information technology, socialization methods, interactive mechanisms and presumption rules can provide guarantees for the structural shift of service system in China.