Empirical Analysis On Juridical Practice Of Service Abroad Of Documents In Foreign-related Civil And Commercial Cases

Service is the prelude to legal proceedings.Effective service can ensure the proceedings be launched legally and meaningfully.Service abroad of documents not only involves orderly national judicial procedures,but also refers to other countries' recognition of domestic results of judgment,which is the important part of juridical practice in foreign-related civil and commercial Cases.At present,the main problem of China's system of service abroad of documents is low efficiency.Justice and efficiency are regarded as two standards of value of proper procedures.We should not ignore the value of efficiency while pursuing procedural justice.Using the empirical analysis method,this paper reviews the legal service on the basis of practice and studies how to solve the efficiency problem of the system of service abroad of documents.The main structure of this paper is divided into three chapters.The first chapter is about present situation and existing problems of service abroad of documents in foreign-related civil and commercial Cases.This chapter illustrates the current situation of Zhoushan grass-roots courts juridical practice of service abroad of documents in foreign-related civil and commercial Cases objectively.Through the data statistics,empirical analysis and other ways,this paper analyzes the existing problems and achievements of the current system of service abroad of documents.The second chapter is about the reflection of legal service of foreign-related civil and commercial Cases.By analyzing the reasons for the low efficiency of service abroad of documents in judicial practice,this chapter puts forward some countermeasures and suggestions to prefect legal service mode.The paper puts forward clearly that in order to solve the problems of inefficient service abroad,we should simplify the service procedures,gradually release service by post in the premise of standardizing posting operation,speed up the support of science and technology to enhance the practicability of electronic service as well as relax the conditions of service by public announcement.The third chapter is about the new ideas for perfecting the system of service abroad of documents.This chapter introduces the new service modes in judicial practice in order to expand ideas to solve the problems of service abroad of documents.From the three aspects of theoretical basis,service function and judicial practice effect,this paper demonstrates the legality of three new service modes,including WeChat video service,service by entrusting expatriates and service in accordance with the parties' agreement,and on this basis,proposes some relevant legislation advice for perfecting the system of service abroad of documents.Firstly,amending the stipulations of service by post so as to gradually enhance the practicability of posting service.Secondly,changing the oneness of service subject so as to confirm the legality of service by entrusting expatriates.Thirdly,further standardizing the operation rules according to parties' agreement through judicial interpretation to realize the legislative goal of service by agreement.