On the Double-layer Structure of the Choice and Effect of the Public Notice of Intention Expression
The unitary thinking of the theory of the public notice of intention expression has produced the tension between practical demand and theoretical helplessness.Different from other public notice in private law,the public notice of intention expression carries the institutional function of autonomous tool in private law.The system interpretation of the time when the expression of in-tention takes effect shows that the public notice is applicable to all types of expression of intention.Therefore,most of the views referring to the service by publication of the Civil Procedure Law do not conform to the meaning and system of Article 139 of the Civil Code.The reasonable interpretation direction is to avoid abuse that harms the interests of others through the effective control principle on the basis of respecting the freedom of choice of public notice.The effectiveness control standard developed in our country's public notice practice,which prohibits additional burden,can reasonably distribute the risk of freedom to choose the means of expression.Under this risk allocation model,the restrictions on the public notice include subject restrictions in the case of legal burden,media restrictions in the case of agreed burden,restrictions in the case of unilateral increase in burden by analo-gy with the application of Subparagraph 4 of Paragraph 1 of Article 8 of the Provisions of Supreme People's Court's on Several Is-sues Concerning the Application of the Statute of Limitations System to Civil Cases,and no restrictions in the case of no counter-part or unilateral advantage.
intention expressionpublic noticeservice by publicationfreedom to choose the means of expressioncontrol of the effectivenessdistribution of risks
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