| As China’s foreign-related disputes continue to increase and international civil and commercial exchanges become more frequent,the role of international judicial assistance in resolving foreign-related civil and commercial cases is becoming increasingly important.The extraterritorial delivery mechanism is an important aspect of judicial assistance.The effective delivery of judicial documents is an effective prerequisite for the smooth proceeding of the litigation process.It is also closely related to the legitimate rights and interests of the parties,and the recognition and enforcement of judgments are also related to the delivery.At present,the provisions of China’s extraterritorial service system are relatively scattered and messy,mainly including the "The Hague Service Convention",bilateral treaties and relevant laws and regulations of China.The wide variety of regulations has not made China’s regulations on extra-territorial service perfectly applied in practice.In addition,countries around the world have made different reservations on the "The Hague Service Convention",resulting in frequent occurrence of China’s extra-territorial service.This article describes the nature and importance of the extraterritorial service system,introduces the extraterritorial service system in the main countries of the Anglo-American legal system and the civil law system,and analyzes the problems in our extraterritorial service system by changing the concept of service,expand the scope of the main body of service,simplify the service procedures,improve the retention service,explore the use of overseas liaisons,and make full use of network technology,etc.To improve the efficiency of China’s foreign-related civil and commercial cases,improve the system and make recommendations,hoping to solve the difficult delivery problem as soon as possible,so as to make full use of judicial resources,timely resolve disputes and disputes between the parties,and ensure the realization of fairness and justice. |
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