Research On The Foreign Service System In Civil Action

The service abroad means the procedures that the country's judicial organs send the judicial and extrajudicial documents to the two parties, according to international treaty or country' statute law. Service abroad is a very important part of international civil procedure. Whether or not service abroad success, it not only affects litigation's carrying on smoothly, but also impacts the protection of the two parties' rights.In recent years, with the gradual deepening of openness, international civil and commercial disputes are increasing. At the same time, the service abroad of law documents increase too. But in the international civil litigation, because of judicial and extrajudicial document's foreign factors and complexity, the questions of service abroad are increasing frequently. Foreign affairs' civil service abroad is in law efficiency with low success rate, having already become the main factors seriously limited lawsuit efficiency. These problems severely delay international civil lawsuit, and waste limited judicial resources. In this paper, by studying the importance and meaning of foreign service, analyzing the shortcomings of the existing system, drawing on the experience of other countries, author put forward the advices in improving the foreign service.Specifically, except the introduction, thanks, reference, the article includes four parts:Part 1 To summarize the civil service abroad. This section makes a summary of the foreign civil service, indicating the function and importance of the foreign service system, to take a groundwork for the extended studying of the foreign service in the below.Part 2 Foreign countries' service abroad. This part compares the service abroad systems among United States of America, United Kingdom, Europe countries, and Hong Kong, summarizes the advanced experiences of these countries or regions. And pointed out to the advantages which we can learn fromPart 3 Chinese civil service abroad system. This part firstly studies the existing laws about the relevant provisions in foreign civil service, and pointed out the existing problems:the service abroad process is inefficient and the success rate is law, the law on service abroad is shortage of consistency and system and so on. To find the way of perfecting.Part 4 How to perfect Chinese civil service abroad system. This section directs the problems of the foreign civil service, learns from experience of other countries,puts forward the suggestions about perfecting the service abroad system.