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Study On The Service System Of Foreign-related Civil And Commercial Cases

Posted on:2017-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2336330503487714Subject:Law
Abstract/Summary:PDF Full Text Request
As a significant part of contentious proceedings, the service of documents plays a very important role in the whole procedures. The effective delivery of the judicial documents not only influences the proceeding process, but also decides whether the litigant's legal rights and interests can be guaranteed as well as the recognition and enforcement of a ruling and judgment. Due to the differences in law systems among different countries,service abroad is often very difficult. In order to eliminate the contradictions in the field of service abroad and provide basis for service of documents among different countries,countries around the world had joined the global conventions, regional conventions or signed bilateral agreements.The service system of foreign-related in China is scattered and dispersed at the present stage, and it is formed by the international conventions and agreements that we concluded or attended and domestic laws. Therefore, this paper analyzes various regulations seriously and summed up many problems exist in our service system of foreign-related,which include the service rules are unification, the used terms are imprecisely, the regulations content are ambiguous, the service subject is singleness and the proceedings are complicated. On the basis of the problems discovered, the author suggests integrating our foreign-related service legislation, making the related content clear, amplifying the service subject, simplifying the service procedure, improving the level settings of existing agency,defining the function of service agency and improving the responsibility investigation system of service agency, using the international service conventions about civil and commercial fully, signing new and beneficial convention and so on.
Keywords/Search Tags:service system, service subject, service procedure, service agency
PDF Full Text Request
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