Study On Service Methods Of Litigation Documents In Taiwan-related Civil And Commercial Cases

With the deeper communication of cross-strait economy and trade,here comes considerable quantities of civil and business instruments dueto the increase of cross-strait visit and the population of Taiwan peoplewho live in mainland, which results in the ascending number ofTaiwan-related civil and business cases accepted by people’s court. Asan important process of civil procedure, it is confronted with manydifficulties ranging from the aspects of law, actual practice, history,politics to obstacles caused by other factors. But it is inevitable, inany case, to obviate the service procedure, which makes it ever moreimportant that how to solve the problems in service procedure. Thesolution to service therefore, becomes more important. There’s necessityto have a further research in terms of the limitation in theoretical andpractical operation.Besides the introduction and epilogue on the thesis, there arealtogether three chapters as followed:The first chapter mainly introduces the definition and function ofservice. The second chapter introduces the difficulties of service inTaiwan-related civil and business cases and meanwhile narrates itsreasons which come from the aspects of law and history. The two sides of the Taiwan Strait to jointly crack down on crime and mutual legalassistance agreements and People’s Court to handle cross-strait serviceof documents and cases of mutual legal assistance in the investigationand evidence collection, announced by the Supreme People’s Court, willbe have a great impact on the service of Taiwan-related civil and businesscases. Therefore, the author narrates the basics situation and therelationship between them, and meanwhile, categorizes the both and pavesfor the following chapters.The first part of the second chapter compares the traditionalservices, which involves by mail and public notice and narrates how theywork in practice and make suggestions. The second part emphasizes on thelatest service methods by judicial mutual assistance. Comparing withcertain provisions of the Taiwan-related civil action instruments served,published in2008, the author analyzes the practical application issuementioned before and dishes his own opinion. The third part introducesthe way of service in the court and analyzes it in detail by combiningspecific cases and data.The third chapter makes a research for the solution to the shortageof traditional and judicial mutual assistance, emphasizing electronicservice method applied to the service of Taiwan-related civil and businesscases, which emphasizes the service ways of e-mail and short message. Italso points out their merits in traditional and judicial mutual assistanceby introducing their applying to the current practice, and also analyzesits practical obstacles and puts forward solutions to it.What needs to be mentioned is that Taiwan-related civil and businesscases are special and practical. Therefore, the thesis makes a discussionon practical cases, not the general theoretical ones, the solution withstrong operability and ways of improvement, as some references, are putforward to give a hand to the service issue from now on.