On The International Judicial And Administrative Co-operation In Civil And Commercial Matters

The title of this dissertation is on the international judicial and administrative co-operation system in civil and commercial matters. As a fact, the private international law is packed with factors of the judicial and administrative co-operation day by day in recent years. The reasons why both the theory and practice pay close attention to the international judicial and administrative co-operation in civil and commercial matters are that, on one hand, there are factual requirements for resolving disputes over civil and commercial matters in international community, on the other hand, its functional mechanism makes it right.According to domestic and international situation on its research, the international judicial and administrative co-operation in civil and commercial matters has been already paid attention to by the theoretical circle to a certain extent. Especially with the enactment and modification of some conventions on the international judicial and administrative co-operation in civil and commercial matters, the theoretical circle realizes its importance day by day. The practical departments have also put forward various kinds of reformatory suggestions while utilizing various kinds of methods of the judicial and administrative co-operation during dealing with the corresponding cases. Comparatively speaking, the research in this respect is not enough obviously in china.From two aspects of the theory and practice, combing with domestic and international systems, the dissertation makes a more comprehensive research into the international judicial and administrative co-operation in civil and commercial matters, studies its basic problems, historic development, organized foundation, co-operative fields, co-operative approaches and domestic implementation systematically, and concludes that it is becoming one of new and independent relatively fields in the private international law.The dissertation is divided into seven chapters altogether with an introduction and a conclusion. There are about 340,000 characters in all. In the introduction part, it analyses the current situation on this research and the meaning of the international judicial and administrative co-operation in civil and commercial matters, and states research routes and approaches to the international judicial and administrative co-operation in civil and commercial matters. In the text part, except the first chapter belonging to the basic theory, other six chapters discuss the international judicial and administrative co-operation in civil and commercial matters according to such a route as its emergence and creation, itsoperation and realization, its efficiency and re-generation.At first, starting with analyzing its legal ideas of the co-existing between the pluralism and diversity in the international judicial co-operation, of the change from autonomous type to responsive type of the international judicial co-operation, Chapter 1 highlights some basic theoretical issues of the international judicial and administrative co-operation in civil and commercial matters, including its definition of legal concept and legal status and the expounding of its legal sources and fundamental principles, etc.Secondly, from the angle of the emergence and creation of the international judicial and administrative co-operation in civil and commercial matters, Chapters 2 and 3 analyze its background of formation, the current situation of development and the trend of development, and introduce legislative practice that such international organizations as the Hague Conference on Private International Law, European Union and Organization of American States carry out in this aspect at the same time. These are historic bases and organized foundation of the international judicial and administrative co-operation in civil and commercial matters.Moreover, from the angle of the operation and realization of the international judicial and administrative co-operation in civil and commercial matters, Chapters 4, 5 and 6 deal with its several fields on the one hand, including procedure fields such as service abroad of documents, the taking of evidence abroad, international access to justice and legalisation for foreign public documents, and substantial fields such as the reimbursement of maintenance, intercountry adoption of children, return of abducted children and specific protection of weak persons, on the other hand, discuss its several approaches, including establishment of central authorities, unification of co-operative standards, providing for legal information, direct judicial communication and joint case management. It is a sign of operative fields and realizable methods of the international judicial and administrative co-operation in civil and commercial matters.Finally, from the angle of the efficiency and re-generation of the international judicial and administrative co-operation in civil and commercial matters, Chapter 7 describes its domestic implementation - 1980 Hague Convention on the Civil Aspects of International Child Abduction, for example, mainly in Britain, U.S.A., Germany, Canada, etc. It is realization and re-generation of efficiency of the international judicial and administrative co-operation in civil and commercial matters at home.In the conclusion part, the dissertation re-thinks the international judicial andadministrative co-operation in civil and commercial matters, sums up its two kinds of characters, i.e. the constructive character and the international character, and probes into such issues as foreign-related and interregional judicial and administrative co-operation in civil and commercial matters under Chinese background rudimentarily.