Studies On The Conflict Of Taking Of Evidence Abroad In Civil Matters

Taking of evidence abroad is an important part in international civil procedure, which has adirect relationship with the outcome of the trail and has a very close connection with clients’profit. So, it plays an important role in international civil procedure. Due to the distinction ofcountries’ judicial system and the demand of judicial sovereignty, there is a fierce competition inthe field of taking evidence abroad, thus making a lot of troubles to international civil procedure.Taking of evidence abroad not only has a close relationship with evidence rolesregulated by domestic law, but also has an influence on foreign laws. Taking of evidenceinvolves not only the realization of civil rights, but also judicial sovereignty. The way oftaking of evidence includes the direct way and indirect way.The conflict of taking of evidence abroad includes the conflict of the evidence-taking bodyand the conflict of the methods, and the conflict of the extant of taking of evidence abroad and theconflict of the procedure of it. And the reasons are the difference in the trial procedure, thedifference in the diagnose method and the difference in the understanding of values.The most direct and effective way of coordinating countries’ taking of evidenceabroad is to conclude regional international treaties. Besides, strengthening internationalcivil judicial and administrative cooperation and improving information technology arealso useful methods.China has signed ‘Hague Evidence Convention’ and many other bilateral judicialassistance protocols. We’ve also accumulated much successful experience in practice.However, the defect of the system of taking of evidence abroad still exists. We shouldperfect the joint of application of laws in domestic and abroad taking of evidence andimprove the information technology evidence-taking system to solve the conflict ofevidence-taking between China and other nations.