The System Of Extraterritorial Taking Of Evidence On Contemporary

Today,under the trend of global integration, the concept of a harmony world has also been put on the agenda. However, due to the political, economic and cultural development is unbalanced, there exists a huge conflict not only in the values of all countries, but also the field of extraterritorial taking of evidence. From Studying of the mutual legal assistance system under the concept of harmony we should put forward a system of extraterritorial taking of evidence required finding a equilibrium between the national sovereignty and international judicial efficiency. This will not only safeguard national sovereignty but also to achieve maximum efficiency. This article described the system of extraterritorial taking of evidence under the concept of harmony from the five parts:Mainly from in the first part, reconstruction of the system of international judicial assistance in harmonious world elicits a system of extraterritorial taking of evidence. Through the concept, scope, forensic methods of extraterritorial taking of evidence to analyze the legislation on the system of extraterritorial taking of evidence emphasizing the sovereignty of States under the principle of the supremacy.In the second part, from the manifestations (subject, scope, procedures) of conflict in extraterritorial taking of evidence to an analysis of its formation process and the reasons for conflict. Uncover the deep-seated causes of conflicts in field of extraterritorial taking of evidence through specific, in-depth analysis.The most important part, The author make comparison, analysis of several settlement of the conflict, that the adoption of a unified regional treaty or international convention to coordinate national extraterritorial taking of evidence is the most direct and effective way. But it also raised the limitations of the Treaty and other weaknesses that tend to reduce the efficiency of its settlement of the conflict.The fourth part from the international level, cut into China's domestic level to analyze China's extra-territorial taking of evidence realities of conflict and legislative status, according to China's national conditions we should be approached in three steps to go.Last part of the supplement referred to, the international judicial assistance such as jurisdiction, clerical service, recognition and enforcement of judgments of other can promote the improvement of the system to gradually reduce and even eliminate the conflicts and contradictions in the field of taking evidence. International judicial assistance system is a unified whole, complementary and mutually influence, only the concept of harmony throughout the field of international judicial assistance, the international civil and commercial communications can proceed smoothly, and the target of"Equity and Efficiency " can be achieved.