China Commercial The Extraterritorial Delivery System Research

Service abroad is a very important part in international civil procedure. It not only affects smoothly carrying on litigation proceeding, but also impacts the protection of parties' interest. Due to the great varieties in different nations' servicing systems, service abroad would be limited by the domestic judicial sovereignty. Therefore, service abroad is to be made under special regulations and systems, which are different from domestic service systems. In recent years, a lot of problems emerge in Chinese practice of service abroad. It is inefficient. The success rate is also low. These problems result in severely delay and lag of hearing in many civil cases, and waste plenty of judicial recourses. In this thesis, the author tries to find the reasons causing inefficiency of service abroad. Take the systems of foreign countries and international conventions for reference, the author endeavors to put forward some proposals to resolve relevant questions.There are an introduction and four sections in this thesis.In the introduction, it discusses the meaning of service abroad briefly, and points out that the focal point of this thesis is service abroad in civil and commercial cases.Section I: Scope of Service AbroadFirstly, the author defines "abroad" and states that service abroad merely refers to service judicial or extrajudicial documents from one sovereignty to another. Secondly, judicial documents and extrajudicial documents are discussed; in particular, the scope of judicial or extrajudicial documents is crystallized. Finally, the author analyzes the scope of cases applicable to service abroad and indicates that the thesis aims at examining the service abroad system in civil and commercial cases.Section II: Direct Methods of Service Abroad in Civil and Commercial Cases.The thesis divides methods of service abroad in civil and commercial cases into two kinds: direct one and indirect one. In this section, the author tries to introduce and evaluate the above-mentioned direct methods which grounded on the Convention on the Service Abroad of Judicial and Extrajudicial Documents in...