The Plight Of China's Foreign-related Civil And Commercial Cases Of Judicial Documents In Service Abroad, And A Way Out

In the case of foreign-related civil and commercial litigation, service abroad of judicial documents is very important. Therefore, countries in the world including China not only have the relevant process provisions of service abroad, but also entered into bilateral and multilateral treaties related to service abroad. Undoubtedly the most influential one is "the Hague Service Convention". China joined the "Hague Service Convention," on March 2,1991, and made some reservation under the Convention. "The Hague Service Convention", the bilateral judicial assistance agreements and China's "Civil Law" and relevant judicial interpretations, constitute the legal system of the service abroad of judicial documents.As countries have different legal characterization on the service abroad of judicial documents, and involves the sensitive issue of national sovereignty, our country's legal system of the service abroad of judicial documents had been found many problems in civil and commercial cases. The existing methods of service abroad are not able to effectively complete the service abroad of judicial documents in time. In this paper, starting with sorting out our country's existing legal provisions about foreign service abroad of judicial documents on civil and commercial cases, the writer firstly horizontally compares the foreign service abroad mechanism of judicial documents on civil and commercial cases in European Union and the United States, and secondly Summaries the extraterritorial reach of some of the new development in the international community, and thirdly analyses the difficulties faced by of our existing civil and commercial cases involving foreign service abroad of judicial documents, and fourthly sums up the extra-territorial service of some new mechanism, so on trying to explore the way of service abroad from all aspects of the system.To improve the system of our service abroad, on the one hand, we should improve the existing system of service abroad:First of all, the subject of service abroad should be diversified. Second, the process of service abroad should be simplified. Third, according to the existing methods of service abroad, we should increase the efficiency of a single service, and further specifies the standard of "the representative body", "branch", and "business agent". We should also improve the post service and direct service of the Embassy or Consulate, and pay more attention on details such as translation. On the other hand, we should find some new methods of service abroad, including allowing supervisor's service, allowing party autonomy of service, retention service, e-mail service and so on. This article especially gives a detailed exposition on the retention service and the e-service application in practice, hoping to have some practical significance.