Outside The System Of Legal Application Research In China

International judicial assistance is in the world today for cases involving foreign elements to each other as a way of collaboration, the main content includes the litigation documents, outside forensics and implementation for the foreign court's judgment and recognition, etc. Outside forensics is one of the important part of cases involving foreign elements is one of the main sources of evidence. International has been outside forensics behavior is regarded as the exercise of state judicial sovereignty behavior.Also it is because the outside forensics behavior in sensitivity, the state judicial sovereignty issues and national legislation on the extraterritorial evidence rules of difference, caused the domestic laws alone cannot ensure outside forensics smoothly, thus produced the international cooperation is necessary, as well as a series of international treaties signed.Shall be formulated by the international private law in the Hague conference in 1970 and passed by the house of the Hague Convention on Taking of Evidence Abroad in Civil or ltd. Matters ",(the official translation of the standing committee of the National People's Congress concerning the obtaining of evidence in Civil and Commercial Convention from abroad, hereinafter referred to as "the Hague evidence Convention"),is by far the most widely international, the biggest impact of the special provision the forensics cooperation system outside of the international treaty. In our country since the approval of the Hague evidence convention in 1997, has effect on our country 17 years.But from the point of practice, the implementation of the Hague evidence convention in our country there are still some problems, such as the process of the implementation of the convention is not clear, do not have a unified practice; Our courts and under-utilization of the parties to the convention. For improving the implementation of the Hague evidence convention, China needs to take the way of rich outside forensics,formulate detailed rules for the implementation of the convention, the reasonable use of information technology and other measures.This article to the Hague evidence convention of outside forensics system as the breakthrough point, study of outside forensics way of foreign-related civil and commercial cases, according to China's specific national conditions in thinking, doing everything they can to put forward how to be more perfect system of outside of foreign-related cases in our country.Foothold in the judicial practice, the Hague evidence convention in China for analysis and discussion, combined with international conventions and practices of our country evidence concerning foreign affairs legal applicability of forensics system and puts forward some proposals and Suggestions.Through the study of this article and the suggestion, in the hope that China's judicial organs in the judicial practice at present in outside forensics link of blind spots and deficiencies, to be perfect in order to realize the basic idea of the rule of law, law enforcement for the people. Performance of the scholars of the duty of construction of the socialist rule of law powers.