Research On System Of Service Process Abroad In Civil Or Commercial Matters In European Union

This article mainly discusses the system of service process among the member states of European Union.While Hague Service Convention generally prescribes uniform worldwide mechanism of service process abroad, the difficulty in service on foreign defendants is still a common problem that EU member states has faced, the judicial cooperation in the member states is one of the basis to establish an area of freedom, security and justice, in which the free movement of persons is assured. In order to achieve this goal, EU must improve and expedite the transmission of judicial and extra-judicial documents in civil or commercial matters for service between the member states. The Council regulation (EC) No 1348/2000 is one of the great progresses made by EU in the process of unifying international private law, which sets up a new judicial cooperation mechanism of service abroad directly transmitted. The study of the system of service process among the member states of EU undoubtedly has practical significance for China's inter-regional service system. So far, there has been no comprehensive and profound research achievement. This article focuses on EC No 1348/2000. Firstly, the article analyzes the content, historical development and characteristics of the system of service process abroad of EU. Then, the article lays emphasis on discussing EC No 1348/2000, from its background, implication, main content and advancement it contained compared with the other international service systems. It also introduces other community laws related to service abroad in civil or commercial matters in EU. Secondly, the article introduces the application of another service convention (Hague Service Convention) in EU. Thirdly, the article analyses the similarities and differences of judicial collaboration and cooperation mechanism in EC No 1348/2000 and Hague Service Convention. Finally, the article makes a preliminary discussion on the referential implication of the system of service in civil or commercial matters abroad in EU to China's inter-regional service system.