Study On Service Abroad System In International Civil Procedure Law

In judicial practice, the trouble of service disturbs our courts as well as the trouble of execution does. Especially dealing with the civil and commercial action concerning foreign affairs , this problem is distinguished and is a great reason leading to the time wasting of trial term. In order to solve this problem, the concerning authorities constantly make a large amount of judicial interpretations for improving the service abroad system. In practice, in the face of the trouble mentioned, the judges also try to implement other service methods. Many legal scholars pay attention to this problem and put forward lots of good suggestions. However, the old tradition of regarding substantiality and depreciating procedure existed in our legal history for a long time. In fact, due process is still weak, although we have abandoned the old tradition and done effort to build due process. As far as the system on service abroad, the legislation and the application emphasis on the finishing of service and disregard the due process behind the service. Moreover, the judges remember the practicality and forget the requirement of validity when using other methods out of the scope of statute. Meanwhile the study of the scholars lacks practicality or has a room to develop.As a result, the paper analyzes the system of service abroad on four levels. Firstly, service abroad should be bound by due process. This is the theory basis of analyzing the legal system of service abroad. It limits the judges'power to choose the method of service and is also the important legal basis for the defendant to challenge the service. To achieve these aims, the paper introduces how due process directs service abroad. Secondly, the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is of great importance for service abroad. On the basis of the study, the paper mainly discusses the relationship between this Convention and other treaties and the views of the mandatory and exclusivity. Thirdly, in modern time, states frequently participate in the civil and commercial matters. So it is possible to create international civil and commercial action involving states. This paper discusses how to finish the service on foreign state. After concluding the development of sovereign immunity theory, the paper suggests the proper attitude of our state while being serviced by the foreign court. Fourthly, the paper briefly introduces our state's system on service abroad. Then it primarily analyzes the regulation on the service on the domestic branch office, business agent and the litigation agent and then makes opinions.