Certification And Application Of Extra-territorial Evidence

Nowadays with the trend of globalization, China has communicated frequently withother countries in economic, political and cultural parts. The number of the extra-territorialevidence has a great growth in the foreign-related civil and commercial cases and domesticcivil and commercial cases, where turn out a key point that how to obtain and applyextra-territorial evidence. For past research of extra-territorial evidence, most scholarsfocused on domestic law of article11of "Rules of Evidence" and The Hague EvidenceConvention, discussed the different kinds of evidence obtained methods, but seldom involvedin the application and legal force of extra-territorial evidence. This paper will combineddomestic law with international convention, giving priority to domestic law legislation, andanalyze the problems in taking and applying extra-territorial evidence, then give some relatedideas in improvements of the procedures of the evidence for the building.Full text has been divided into three parts, and the main content is as follows:The first part outlines the overall situation of our country’s extra-territorial evidenceacquisition and application. At the beginning of the extra-territorial evidence collection andinvestigation, the most important thing is to understand definition of evidence’s"extra-territorial" and "form", which is the need to distinguish between domestic evidence andextra-territorial evidence, being the basis of the acquisition and application of extra-territorialevidence. Extra-territorial evidence is divided into direct style and indirect one, both existingin our country’s justice. In the process of taking evidence, our party can obtain evidencethrough different mediums--court, diplomatic organ and embassies, etc. After acquiringrelated evidence to the litigation issue, some evidence may need special certificate can beapplied to the judicial trial in our country. This special certificate program includes tworequire proof: notarial attestation in foreign notary office and the certificate of embassies andconsulates in other countries. When understanding the various processes of theextra-territorial evidence in litigation, we can be aware that extra-territorial evidence andother related lawsuit material and written documents have many similar points, and then howto distinguish them will also be discussed in below paper.The second part compares the distinct law countries extra-territorial evidence’s collectionand application, and find out the loopholes of evidence in our country. From country to country, acquisition and application of extra-territorial evidence system are also different indifferent countries, due to the different history and culture and legal tradition. So this articleaccording to that divided the objects into two big law countries extra-territorial evidence todiscuss. The extra-territorial evidence of civil law countries is mainly in accordance with therelevant international judicial assistance treaty and international practice, such as Germanyand France. While common law countries are in accordance with its own domestic lawprovisions of a set of discovery evidence system to treat extra-territorial evidence, such as theUnited Kingdom and the United States. In light of the similarities and differences amongthese two law countries, we can get an analysis on the advantages and disadvantages of thetwo law countries. In understanding the extra-territorial evidence for obtaining and using intwo law systems, the paper will clarify the relevant provisions of attitudes and practices of theextra-territorial evidence in our legislative and judiciary processing, reflecting on problemsand cracks in evidence in our country.The third part, according to defect on the extra-territorial evidence, come up with aperfect idea. Explaining the importance of evidence system in our country and the necessityof its existence, it becomes a base of improvement of extra-territorial evidence. In building ofextra-territorial evidence’s acquisition and application we abide by principles of two both andimprove two aspects of them. At the same time, considering two law countries extra-territorialevidence system, solving above issues is the following step. There is clearness of the mainbody, the judge status,"extra-territorial" controversial issues, scope of extra-territorial, theapplication in extra-territorial evidence, on the other hand, the matter of notarial attestationand certificate of evidence are exposed. Finally the paper comes to the conclusion that there isa rough suggestion of extra-territorial evidence system for reference.