The legal concept of "delivery" in civil procedural law of China
In China, the legal notion of "delivery" refers to the necessity of transmitting legal papers to the designated receiver. In this sense, the phrase refers to the legal requirement to deliver legal papers with a delivery receipt specifying the date of receipt and the recipient's signature or seal. The beneficiary might be a citizen, a legal entity, or an organization. If the receiver is a citizen, the papers should be presented immediately to the individual or an adult family member. If the receiver is a legal entity, the legal representative or other authorized individuals must sign the papers.
Suppose the receiver refuses to accept the papers. In that case, the delivery person may ask representatives from grassroots groups or the recipient's unit to explain the issue and leave the legal documents at the recipient's apartment. Instead, the papers might be left at the recipient's home, and the delivery procedure documented using photographs or video.
The court may also opt to distribute papers through fax or email, but only with the recipient's permission and except for specific kinds of documents such as verdicts, decisions, and mediation agreements. If the court cannot deliver the papers, it may delegate them to another court or agency or use mail delivery.
The papers are delivered via their unit's political department if the receiver is a military member. At the same time, individuals who are detained or enrolled in compulsory education get the paperwork through their respective institutions. Public notice delivery may be employed if the recipient's locations are unknown or if delivery through the means above is not feasible. The delivery date is deemed 60 days after the notice is published.
In summary, the delivery of legal papers in China is an important component of the legal process. The law rigorously supervises the delivery process to guarantee that the receiver gets the documents quickly and without trouble.