Study On Extraterritorial Delivery And Investigation And Evidence In International Civil Judicial Assistance

With the rapid development of the market economy,there are more and more Civil and Commercial Matters disputes,and foreign-related civil litigation is also increasing.The rapid and effective resolution of transnational civil and commercial litigation disputes is an important factor in promoting global civil and commercial affairs.The delivery and evidence collection of extraterritorial documents in international civil judicial assistance plays a vital role in foreign-related civil litigation.Extraterritorial delivery is an indispensable chain in foreign-related civil and commercial matters litigation.It undertakes the mission of opening and closing foreign-related civil litigation,and guarantees the timely and effective relief of political party rights of foreign-related civil litigation participants.It bears the role of a conductive medium in hearing the foreign-related civil litigation.Extraterritorial delivery is directly related to the settlement of foreign-related civil and commercial disputes.Extraterritorial investigation and evidence collection is directly related to whether a foreign-related civil lawsuit can conduct a fair trial,which is the significance of the existence of the entire foreign-related civil lawsuit.When the location of the evidence and the court are not in a country,the relevant evidence for the external access to the trial case through the judicial assistance function is a guarantee that the litigation process can be carried out effectively and smoothly.In recent years,with the increasing number of foreign-related cases,China's judicial practice has exposed problems such as low efficiency,low success rate,and difficulty in obtaining evidence.These have seriously affected the trial efficiency of foreign-related civil cases and affected China's external judicial image.Along with the "one belt and one road" strategy to promote the 5th anniversary process,China's cooperation with all the other countries in the economic,cultural,trade and other aspects is becoming increasingly close.The close interaction between citizens has also generated transnational disputes.Litigation,as the exercise of state power with the guarantee of national coercive power,has become the primary choice for dispute parties to settle disputes.It is very necessary to improve the degree of judicial recognition and satisfaction of citizens along the route,to promote cooperation among countries,to resolve disputes in a timely manner,to ensure that the "Silk Road" carried out in the "one belt and one way" strategy can be carriedout effectively and steadily,to speed up the efficiency of foreign cases in the field of foreign language books delivery and investigation and evidence collection,and to ensure the fairness of foreign-related cases.The main research content of this thesis is extraterritorial delivery and forensics in international civil judicial assistance.The main contents are as followed:In the first chapter,the introduction describes the necessity of research on extraterritorial delivery and evidence collection in international civil judicial assistance.Through the background and significance of the topic of extraterritorial delivery and forensics,the domestic and international research status emphasizes that the research on extraterritorial delivery and investigation and evidence collection in international civil judicial assistance has urgency and practical significance at the present stage,and this paper expounds the research methods and innovation points in the discussion.The second chapter briefly introduces the content of international civil judicial assistance,compares the general assistance and narrow assistance content in international civil judicial assistance,and analyses the origin and development trend of extraterritorial service and extraterritorial forensics,and the current legislation situation in China.Throughout the recognition,regional protection and judicial jurisdiction of various countries,judicial assistance in a narrow sense,extraterritorial service and evidence collection,has more realistic research significance.It also elaborates on the function of extra-territorial delivery and evidence collection in the process of civil litigation in judicial assistance.The third chapter,illustrates the implementation problems exposed by extraterritorial delivery and evidence collection in China's judicial practice,the reasons for the difficulties encountered in implementation,as well as the imperfect legislation on the extraterritorial delivery and evidence collection in China,the complicated procedures,the single requesting authority problems etc.In the process of hearing foreign-related civil and commercial cases,the States parties to the Hague Convention on Service and the Hague Convention on Evidence Collection,in view of the conflicts between the legal theories and the application of treaties between the parties involved in extraterritorial service and extraterritorial evidence collection in international civil judicial assistance,aim at extraterritorial service of judicial documents,extrajudicial documents and extraterritorial evidence collection according to the level ofChina's legal system.The legal practice leads to the problems existing in the judicial practice of China's extraterritorial service and extraterritorial evidence collection in international civil judicial assistance.The forth chapter,illustrates the problems exposed in the judicial practice of extraterritorial delivery and extraterritorial forensics in China's international civil judicial assistance,and gains experience in improving China's extraterritorial delivery and evidence collection by reference to the advanced experience in judicial assistance in the field of extraterritorial delivery and evidence collection in the 1997 EU Delivery Convention and Regulation 1348 and the 2001 EU Forensics Rules.The fifth chapter puts forward the suggestions on the legal level of extra-territorial delivery and evidence collection in China's judicial assistance,including the abandonment of the litigation system,the simplification of the delivery,the improvement of the electronic delivery legislation,the careful use of the announcement,and the emphasis on network technology.Under the use of extraterritorial evidence collection and the promotion of the“Belt and Road” strategy,we will actively promote the conclusion of relevant bilateral or multilateral international treaties with countries along the route.