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On the extraterritorial electronic mode of service

Author: LiYing
Tutor: LiuLi
School: China University of Political Science
Course: International law
Keywords: Service abroad mode Electronic service Hague Conference on Private International Law
CLC: D997
Type: Master's thesis
Year: 2009
Downloads: 86
Quote: 1
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Abstract


At the same time improve the traditional mode of service, along with the network and the development of electronic technology, electronic mode of service gradually into the horizon, cause for concern. Electronic delivery is efficient, convenient advantage, to improve service efficiency, the effective protection of the legitimate rights and interests of the parties, in line with the development requirements of the times. Since 1996, the British made the first to recognize the judgment of the extraterritorial electronic mode of service, more and more countries on the electronic mode of service to be recognized and be provided for in domestic law. I believe that with the development of electronic technology, electronic delivery will become more widespread in the field of extra-territorial service of the application of space. Therefore, to study this question has important practical significance. This article is divided into three chapters. The preamble to talk about cases with recognition of the extra-territorial electronic delivery effectiveness, leads to the electronic delivery of application problems. The first chapter is an overview of the extraterritorial electronic mode of service, first introduced to serve an important role in the field of international litigation and the Hague Convention under the traditional mode of service and its limitations, and served on the central authorities, the diplomatic and consular service of mail conducted a preliminary analysis to be served as well as personal service of the main provisions of its limitations; then introduced the Hague Conference on Private International Law on the extraterritorial electronic mode of service of, and will focus on the 1999 Round Table in 2003 and 2008 made to the Hague Conference on Private International Law research, comparative analysis of countries research to answer, we can see only a few of the country's total exclusion and denial of the electronic service; the electronic mode of service defined at the end of the first chapter, and classification. The second chapter for the electronic mode of service on extraterritorial legislation and practice of Anglo-American countries. Due to the leading position of the Anglo-American countries in the field of electronics, the more advanced of its legislation and practice relating to electronic delivery, legislation and practice in other countries, plays a leading reference. This chapter first describes the United Kingdom legislation, as well as the English courts have done in 1996 the world's first case from the recognition of electronic mode of service; followed by the United States federal legislation and state legislative provisions, as well as U.S. RIO case, Jason case recognition of extraterritorial electronic served on the effectiveness of the case; Finally, the relevant legislation of other countries, reflects the Anglo-American Electronic served on the law of other countries, the national electronic service of legal provisions have been introduced, that electronic delivery has increasingly become a service abroad development of a trend. The third chapter is the use of extraterritorial electronic mode of service in China. First expounded the necessity and possibility of the extraterritorial electronic mode of service in our country with the use of; followed by introduction the extraterritorial electronic mode of service in our legislation and practice, indicates that although the Civil Procedure Act does not require the electronic mode of service, but single-line law and the Supreme Court has issued a judicial interpretation has acknowledged the effectiveness of the approach; Third, analysis of the problems encountered in the the extraterritorial electronic mode of service, including technical and legal issues; last served for the Improvement of extraterritorial electronic to make recommendations to improve the legislation, the effective use of the extraterritorial electronic mode of service in our country do to the humble.

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CLC: > Political, legal > Legal > International law > Private international law
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