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The Taking and Legalizing of Extraterritorial Evidence in Cross-Border Civil and Commercial Adjudications in Mainland China = = 我國內地跨境民商事審判中域外證據的獲取與採納.

Record Type:	Electronic resources : Monograph/item
Title/Author:	The Taking and Legalizing of Extraterritorial Evidence in Cross-Border Civil and Commercial Adjudications in Mainland China =/
Reminder of title:	我國內地跨境民商事審判中域外證據的獲取與採納.
Author:	Ze, Yu.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
Description:	291 p.
Notes:	Source: Dissertations Abstracts International, Volume: 83-05, Section: A.
Contained By:	Dissertations Abstracts International83-05A.
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28774686
ISBN:	9798492777708

The Taking and Legalizing of Extraterritorial Evidence in Cross-Border Civil and Commercial Adjudications in Mainland China = = 我國內地跨境民商事審判中域外證據的獲取與採納.
Ze, Yu.

The Taking and Legalizing of Extraterritorial Evidence in Cross-Border Civil and Commercial Adjudications in Mainland China =我國內地跨境民商事審判中域外證據的獲取與採納. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 291 p.

Source: Dissertations Abstracts International, Volume: 83-05, Section: A.

Thesis (Ph.D.)--University of Macau, 2021.

This item must not be sold to any third party vendors.

The unsatisfactory implementation of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (hereinafter referred to as Evidence Convention) and the Arrangement on Mutual in Civil and Commercial Matters between the Courts of the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as Hong Kong Evidence-taking Arrangement) and are the key reasons why the courts in Mainland China are trapped in taking extraterritorial evidence in practice. Traditional consular legalization of Mainland China has been the obstacle of the circulation of foreign public documents. Exploring the mechanisms on the taking and legalizing of extraterritorial evidence, and providing feasible suggestions for the enactment of the comprehensive judicial interpretation on the taking and legalizing of extraterritorial evidence are the purpose of this thesis. To facilitate the taking and legalizing of extraterritorial evidence, it is necessary to do a deep study of the Evidence Convention and the Convention of 5October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as Apostille Convention). The thesis will separately investigate into the rules and practices of Evidence Convention and Apostille Convention, including the possibility and feasibility of the approval of the Apostille Convention for Mainland China. Moreover, the dissertation has a study on the implementation of the Hong Kong Evidence-taking Arrangement.The dissertation consists of four chapters as follows:Chapter 1 is the introduction of this dissertation.Chapter 2 outlines the basic rules and practice of taking and legalizing of evidence abroad by analyzing the internal rules in China, the implementation of the Evidence Convention and the accession of Apostille Convention. Through the analyses above, the dissertation is trying to find defects of the implementation of the Evidence Convention in China and the possibility of the accession of Apostille Convention.Chapter 3 focuses on the the basic rules and practice of taking and legalizing of interregional evidence by analyzing the rules and arrangements in China, the practice of the taking of interregional evidence and the practice of the legalizing of interregional evidence.Chapter 4 makes suggestions on the taking and legalizing of extraterritorial evidence. First, it is suggested that judicial explanation on the taking and legalizing of extraterritorial evidence be established. Second, evidence system and information technology should be improved in Mainland China. Third, the implementation of the Evidence Convention in China should be perfected. Forth, the maneuverability of Hong Kong Evidence-taking Arrangement should be strengthened by detailing the clauses. Fifth, to improve the legalizing of extraterritorial evidence, the accession of Apostille Convention and the arrangement of mutual recognition of documents between Mainland, Hongkong and Macau should be promoted.

ISBN: 9798492777708Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Apostille convention

The Taking and Legalizing of Extraterritorial Evidence in Cross-Border Civil and Commercial Adjudications in Mainland China = = 我國內地跨境民商事審判中域外證據的獲取與採納.
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520 $a The unsatisfactory implementation of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (hereinafter referred to as Evidence Convention) and the Arrangement on Mutual in Civil and Commercial Matters between the Courts of the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as Hong Kong Evidence-taking Arrangement) and are the key reasons why the courts in Mainland China are trapped in taking extraterritorial evidence in practice. Traditional consular legalization of Mainland China has been the obstacle of the circulation of foreign public documents. Exploring the mechanisms on the taking and legalizing of extraterritorial evidence, and providing feasible suggestions for the enactment of the comprehensive judicial interpretation on the taking and legalizing of extraterritorial evidence are the purpose of this thesis. To facilitate the taking and legalizing of extraterritorial evidence, it is necessary to do a deep study of the Evidence Convention and the Convention of 5October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as Apostille Convention). The thesis will separately investigate into the rules and practices of Evidence Convention and Apostille Convention, including the possibility and feasibility of the approval of the Apostille Convention for Mainland China. Moreover, the dissertation has a study on the implementation of the Hong Kong Evidence-taking Arrangement.The dissertation consists of four chapters as follows:Chapter 1 is the introduction of this dissertation.Chapter 2 outlines the basic rules and practice of taking and legalizing of evidence abroad by analyzing the internal rules in China, the implementation of the Evidence Convention and the accession of Apostille Convention. Through the analyses above, the dissertation is trying to find defects of the implementation of the Evidence Convention in China and the possibility of the accession of Apostille Convention.Chapter 3 focuses on the the basic rules and practice of taking and legalizing of interregional evidence by analyzing the rules and arrangements in China, the practice of the taking of interregional evidence and the practice of the legalizing of interregional evidence.Chapter 4 makes suggestions on the taking and legalizing of extraterritorial evidence. First, it is suggested that judicial explanation on the taking and legalizing of extraterritorial evidence be established. Second, evidence system and information technology should be improved in Mainland China. Third, the implementation of the Evidence Convention in China should be perfected. Forth, the maneuverability of Hong Kong Evidence-taking Arrangement should be strengthened by detailing the clauses. Fifth, to improve the legalizing of extraterritorial evidence, the accession of Apostille Convention and the arrangement of mutual recognition of documents between Mainland, Hongkong and Macau should be promoted.
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