The Research Of System Of Inter-regional Obtaining Evidence In Civil And Commercial Scopes In China

The carrying out of "one country, two systems" policy has resulted in a unique situation in our country, that is, the co-existence of "one country, two systems, three families of law and four scopes of law". The mainland of China, Hong Kong SAR, Macao SAR and Taiwan Province all have their comparatively independent rights of jurisdiction, so in principle any scope of law has no right to intervene another scope of law in the right of jurisdiction. And in judicial practice, along with frequent intercommunion in civil and commercial scopes, increased inter-regional legal disputes, especially the increased obtaining evidence spanning from the four scopes of law, judicial work is not developing if there are no assistance in obtaining evidence from the four scopes of law. So a reasonable system of obtaining evidence in inter-regional civil and commercial scopes is a fundamental project, which is right referred that cases spanning from scopes of law are duly finished in every court in China. The effective assistance system is not only premised condition which individual case can be solved duly and justly, but also the basis of carrying out of "one country, two systems" policy. The matter of obtaining evidence spanning from the four scopes of law in civil and commercial scopes is an exigent problem, which remains a vital consideration in many scholars gradually.There are five parts in this article. At first, the article is to concretely introduce the general situation of inter-regional obtaining evidence in civil and commercial scopes. Then it adopts comparison analysis to discuss the status quo of civil and commercial obtaining evidence in four scopes of law. In the meantime, it compares the differences from civil and commercial obtaining evidences within domain in every scopes of law ofChina, and the differences from that out of domain in every scopes of law of China. At last, it gets the revelation from the system of inter-regional obtaining evidence in China in this article. On the basis of comparison and analysis, it needs to set up the system of assistance in civil and commercial obtaining evidence in China. The author believes that it needs collaboration with each in obtaining evidence in four scopes of law, following the principle of insisting on "one country, two systems" policy, equality with persistence in every scope of law, maximization of extension in obtaining evidence, and diversification, flexibility and high-performance in range of obtaining evidence. On the basis of actual law in four scopes of law and au pair consult;it gets the correlative agreement on the system of inter-regional assistance in civil and commercial obtaining evidence.In this article, aiming at the deficiency of system of assistance in civil and commercial obtaining evidence, the author advances some suggestions and makes the analysis and audaciously brings forward imagination, which can be expected to offer some references for the improvement of the system of inter-regional assistance in civil and commercial obtaining evidence in China.