Forensics System Of Civil And Commercial Cases Of Extra-territorial Research

The taking of evidence, having direct relation with the judgment on cases, is an important part of the litigation procedure. When the location of evidences is different from that of the dispute settlement, the taking of evidence abroad in appropriate way ensures that the procedure could proceed smoothly. Due to the great varieties in different nations' evidence-taking systems, the taking of evidence abroad would be limited by the judicial sovereignty of the location of evidences. Therefore, the taking of evidence abroad is to be made under special regulations ancl systems, which are different from domestic evidence-taking systems. During dealing with civil and commercial cases, it is necessary to take evidence abroad frequently, so this paper aims at examining the taking of evidence abroad in civil and commercial cases.Proceeds with the introduction of abroad evidence-taking system, this paper probes into the methods of taking evidence abroad in civil ancl commercial cases and the system about foreigners presenting as witnesses. To conclude, this paper offers certain proposals on the perfection of China's abroad evidence-taking system in civil and commercial cases.This paper is divided into four parts:Part one: scope of abroad evidence-taking systemFirst, the paper defines 'abroad' and points out that taking of evidence abroad refers to taking evidences from other law districts.Secondly, based on relevant regulations under the civil procedure law of various nations, this paper defines the general scope of evidences taken abroad.Finally, the author analyzes the scope of the cases applicable to abroad evidence-taking and determines this paper aims at examining the abroad evidence-taking system in civil and commercial cases.Part two: methods of taking evidence abroad in civil and commercial casesThis paper divides methods of taking evidence abroad in civil and commercial cases into two kinds, one is taking of evidence by parties and there attorneys, another is taking of evidence by courts which have accepted the cases. This part respectively introduces and evaluates the above-mentioned methods grounded on the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters and different legislations and judicial assistance treaties.Furthermore, this part studies on the taking of evidence abroad by arbitration institutions and arbitrators.Part three: foreigners presenting as witnessesThis part clarifies the scope of foreigners presenting as witnesses, and analyzes the present status of the international society's protection on transnational witnesses.Part four: proposals on perfecting China's abroad evidence taking system in civil and commercial casesBased on the three former parts, this part contains the following proposals on perfecting China's abroad evidence- taking system in civil and commercial cases:First, taking of evidence by commissioners should be admitted and adopted.Secondly, the relevant regulations of the persons to be examined who refuse to give evidence should be perfected.Thirdly, evidence-taking system in civil and commercial cases in various Chinese law districts should be perfected.