Research On The Environment Of The International Civil Judicial Assistance

In the international civil litigation process, international civil judicial assistance have very important sense for the protection of the litigation rights. An important part of service abroad and overseas investigation and evidence collection as an international civil judicial assistance, is an important factor affecting China’s foreign-related trial work. However, foreign Chinese traditional mode of service delivery cycle is too long, generally have a low rate of success. It’s hard to display the fully value in the foreign court. On the other hand, the extraterritorial investigation because of the existence of differences in the legal system and the foreign-related investigation involving national security and judicial sovereignty of a country, these problems inevitably leads to difficulties to carry out investigation and evidence collection work abroad. The existence of service abroad and overseas investigation and evidence collection has become the bottleneck of China’s foreign judicial work.Now electronic service abroad and electronic foreign investigation as the new way of international civil judicial assistance, they are widely used in the foreign judicial practice. They will be conducive to the rapid, timely solve foreign-related civil and commercial disputes. However, the current academic circles on the Internet environment research is international civil judicial assistance, but also can not be properly resolved many related problems encountered in judicial practice. Therefore,the author thinks, should be more in-depth and meticulous research on this problem.The full text is divided into three chapters, I explain the idea of writing the classification and progressive elaboration, comprehensive use of legal analysis method and comparative analysis method, inductive and summary method and so on,the theme demonstration methods in this paper are analyzed and the specific detail.The first chapter discusses the basic issues of international civil judicial assistance related to network environment, explain the concept,characteristics and significance of Internet and international civil judicial assistance. Then analyze the basic features of the international civil judicial assistance process.The second chapter reviews on the electronic service abroad and foreign legislation and practice of electronic system of investigation of evidence in the international community, in order to have a comprehensive electronic service abroad system of extraterritorial investigation and electronic knowledge.The third chapter is returning to the international judicial cooperation in Chinainvolved in the network environment. Putting forward specific proposals to improve China’s international civil judicial assistance studying at present in our country under the environment of network involving international civil judicial assistance has more practical significance.