The Research On The Problem Of Civil And Commercial Service In Judicial Assistance Mechanisms Of Sino-Vietnamese

Since the International judicial assistance system has charecteristics that is easy to reach consensus on judicial cooperation, has normative and certainty of judicial assistance content,mandatory binding stability and long-term nature of the legal effect, International judicial assistance has become an important and indispensable judicial acts in States international civil and commercial proceedings. Adopting international judicial assistance is benefit to breakthrough judicial sovereignty among nations in international civil and commercial litigation, deepens exchanges of communication and exchange. Judicial assistance plays the role of managing and coordinating the activities of international civil and commercial litigation among nations, and erects a stable channel on foreign civil and commercial litigation matters of mutual cooperation.Civil and commercial service in judicial assistance mechanisms has obvious features inquisitorial nature than other methods of services, demonstrating for the dual attributes of administrative and judicial. The inquisitorial nature of the service has been further strengthened, such as, foreign courts are more likely to recognize the judicial document and litigation materials directly, easier to achieve legitimacy and procedural due requirements and protect the rights and obligations of litigants, further more, extremely strengthening position of the performing authority and other agencies even help the countries to using the service to protect domestic firms, maintenance and control inherent interest.Due to international judicial assistance mechanism established between the various countries have different characteristics. The service system of judicial assistance mechanisms also highlights the problem in practice. Take the problem of civil commercial service in judicial assistance mechanisms between China and Vietnam as example, there is the inevitable emergence of service time-consuming, effective service is no high. After analysis, th paper believes that rootcause of the problem is that the service system exists drawback in the judicial assistance mechanism of Sino-Vietnamese. Specific performance:(1) the bilateral judicial assistance is lacking of interoperability;(2) Butt joint poor domestic law and apply confusion. Based on the fact that China and Vietnam are members of ASEAN, and the international community geopolitical, the paper puts forward proposals to improve and perfect the existing civil and commercial judicial assistance mechanisms of Sino-Vietnamese, in order to provide solutions.Specifically, the introductions, thanks, reference, the article includes three parts:Part 1 Outline of the international judicial assistance and civil and commercial service mechanisms. This section makes a summary of the international judicial assistance and the civil and commercial service mechanisms indicating the function and value of the international judicial assistance and the service, the civil and commercial service mechanisms of the Europe Union and the Unite states of America,to take a ground work for the extended researching of the civil and commercial service system below.Part 2 the problem of civil and commercial service in judicial assistance mechanisms of Sino-Vietnamese. This part pointed out the problem of civil and commercial service in judicial assistance mechanisms of Sino-Vietnamese, such as the long-term and inefficient of the service system, Notice served reduces the effectiveness of the service system, and the issue of civil and commercial service assistance between China and Vietnam in Sino-Vietnamese border areas.Part 3 Recommendations to improve the efficiency of the civil and commercial service system between China and Vietnam. This section proposed to erect directly service of the Supreme People’s Court between China and Vietnam, construct the civil and commercial service system of judicial assistance in Sino-Vietnamese border areas, and adopt the advanced method of service.