International Civil Judicial Assistance System Research

With the development of international civil communication and transaction,more and more international civil and commercial dispute come out. Therefore, as themain measure to tackle with different kind of disputes, many countries pay moreattention to the international civil litigation. Because of its special function in thejudicial practice, the international civil judicial assistance system which is also thenecessary part of the international civil procedure has been widely adopted in themany countries’ judicial organs. However, the current academic research oninternational civil judicial assistance system is still not so clear and adequate,moreover, many related issues in judicial practice could not be completely solved.Therefore, the author contended that it is valuable to do a deep research in this field.Under the inspiration of the idea, the author takes the "International civil judicialassistance system research" as the main topic of the master degree thesis.At present, there is few reference and document that related to this field, theauthor focuses on the preparation work that collecting and sorting the relevant data. Inthe writing process, through clarify and analyze the ideas in a gradual way and adaptthe method including legal analysis, comparative analysis, and comprehensivesummary, which is necessary for the further writing.The first chapter gives the overview of the international judicial assistance incivil law system. The main contents including the concept, characteristic, principleand research purpose of the international civil judicial assistance.The second chapter is the core of the whole thesis. The part will give a deep research respectively for the four specific systems that contains in the internationalcivil judicial assistance system.First of all, regarding service abroad system, this chapter discusses the concept,mode,value, measure and range of collecting the evidence of the service abroad, also,there has the comparison analysis to the foreign service abroad system, then, it willemphasis our country’s current legislation situation and its defect.Secondly, in terms of the extraterritorial forensics system, this chapter discussesthe concept, mode,value and evidence taking measure&range of the system, also,there has the comparison analysis to the foreign extraterritorial forensics system, then,it will emphasis our country’s current legislation situation and its defect.Again, concerning the recognition and enforcement of foreign judgment, thischapter will describe related concept of the recognition and enforcement of foreignjudgments, also, it will content the reasoning of reject recognition and enforcementand emphasis our country’s current legislation situation and its defect.At last, regards to the recognition and enforcement foreign arbitral awardssystem, this chapter gives a deep illustrate to the relevant concept of recognition andenforcement of the foreign arbitral awards, it will content the reason for rejectingrecognition and enforcement and emphasis our country’s current legislation situationand its defect in this field.The third chapter focuses on emphasis the value concept of current internationalcivil judicial assistance system, it contains the issues that how to deal with therelationship between the public power and private rights and how to balance thejustice and efficiency.The fourth chapter gives some suggestions for each specific system of foreigncivil judicial assistance, also, makes a macro prospect of future development of thewhole system.In the last part, the author made the summary for the whole thesis.