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Study On Judicial Assistance In Civil Matters Between China And Other SCO Members

Posted on:2010-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:X D WangFull Text:PDF
GTID:2166360275998041Subject:International Law
Abstract/Summary:PDF Full Text Request
In recent years, China and other SCO member states'trade and economic behavior become more and more frequently, on the one hand, it promoted national economic development; on the other hand, foreign-related economic disputes caused by the bulk of trade is also increasing. International civil litigation arising from foreign-related economic disputes, will inevitably involve international judicial assistance in civil matters, such as the service of process aboard, taking evidence aboard, recognition and enforcement of civil and commercial judgment, recognition and enforcement of arbitral award. At the same time, China and other SCO member states have increasingly obvious shortcomings on the bilateral treaty on judicial assistance, and that could be improved. Aim of this paper is to build up the system of judicial assistance in civil matters in the SCO framework. On the basis of analyzing the existing bilateral treaties on specific rules, drawing the system of judicial assistance in civil matters on the European Union, the Hague Conference on Private International Law(HCCH), America and other countries, put forward the"package plan", and it is prospected that judicial assistance in civil matters in the SCO framework in the future.The full text consists of three parts, about 60,000 Chinese characters.The introduction of the article mainly analyses and concludes the reason that economic dispute cases on China and other SCO members is increasing, but judicial assistance is"a rare"at the same time. The core is that the civil justice system is inadequate. Through the introduction of the status quo about research fields of home and aboard, argues"perfecting the system of judicial assistance in civil matters on China and other SCO members"research on this topic at the need.Partâ… , mainly from the theoretical of the system of judicial assistance in civil matters, introduce an all-embracing, covering the meaning, historical development, basis principles and source of law of judicial assistance in civil matters. Partâ…¡designs the model of judicial assistance in civil matters in the SCO framework. First, article introduced the mode of EU legislation, the multilateral treaties legislative mode of HCCH and the Model Law of United States. Latter, it is proposed that setting up the model of Central Asia Conference on Regional Private Law in the SCO framework, and described the model from four aspects: 1, the connotation of the model; 2, the advantage of the model; 3, the mode of regional legislation;4, organization and function.Partâ…¢structures the system of judicial assistance in civil matters in the SCO framework. Partâ…¢and Partâ…¡are not only complement to each other and not dispensable, but both are the relationship between the framework and content. First of all, starting from specific rules in China and other SCO member states'bilateral treaty about judicial assistance in civil matters, generally introduce the main contents of the treaty. Secondly, comparing the bilateral treaty of legal assistance, and drawing on the experiences of European Union, the Hague Conference on Private International Law, from four specific areas, namely, service of process aboard, taking evidence abroad, recognition and enforcement of civil and commercial judgments, recognition and enforcement of arbitration awards, study and propose measures to improve. Finally, through the above analysis, point out that with the different specific fields, "the reservation of public order" should be treated differently.On the basis of summarizing the above discussions, the concluding part expounds the author's opinions on how to understand the nature of service of process aboard and taking evidence aboard, how to perfect the system of regional judicial assistance in civil matters, how to understand "the reservation of public order", how to structure the model of Central Asia Conference on Regional Private Law and how to achieve the uniform legislation on civil procedure in the SCO framework in the future.
Keywords/Search Tags:regional judicial assistance in civil matters, the reservation of public order, the model of Central Asia Conference on Regional Private Law
PDF Full Text Request
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