Legal Conflicts Of Taking Extraterritorial Evidence

Although taking extraterritorial evidence hasn’t been a new question, with the history moves on, it has been given special meanings from every era. This dissertation outlines and analyzes the legal conflicts resulted from the procedure of taking extraterritorial evidence from the angle of the nature of the act of it. From the beginning, this dissertation analyzes and criticizes the point of view that in the civil law system, taking extraterritorial evidence should be classified into the system of judicial assistance and be considered as an act of the state, and then makes a brief introduction and evaluation of the manifestation of taking extraterritorial evidence, focus on a series of questions resulted from the legal conflicts of extraterritorial discovery, such as the reasons, the manifestations and the corresponding measures to the American pre-trial discovery, especially on the evaluation of the Hague Evidence Convention. At last, the dissertation examines the statutory legislation and judicial practice in the People’s Republic of China, and answers the questions of how to reform evidence-taking legislation and application.