on the extraterritorial reach predicament and outlet of electronic(在跨境管辖的困境和出路的电子)

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1、 On the extraterritorial reach Predicament and Outlet of electronic Abstracts in international civil and commercial dispute resolution process, the civil service is an important part of the arbitration and civil electronic delivery is the development of electronic technology in recent years with the

2、 rise of a mode of service, which based on international justice Among assist system, with new content and features. practice, extraterritorial electronic delivery methods include e-mail delivery, online bulletin service delivery and international judicial assistance. extraterritorial electronic del

3、ivery models conform to the new development of modern office, help to improve the efficiency of foreign proceedings and the interests of justice. extraterritorial electronic delivery currently facing a lack of clear legal provisions, the parties do not match, the case law does not allow foreign orde

4、r to solve these problems, the perfection of extraterritorial legislation related to electronic delivery, strengthen communication with clients and improve bilateral mutual legal assistance mechanisms. Paper Keywords extraterritorial electronic delivery service of international judicial assistance o

5、nline bulletin In the international civil and commercial dispute resolution process, the civil service and civil arbitration is an important part of this is because of the international civil and commercial disputes with transnational characteristics, the parties may be in a different country, while

6、 a countrys jurisdiction then with regional characteristics, which in principle can only be exercised within its territory, but not in the exercise of his territory. extraterritorial service of judicial documents is the result of the exercise of judicial power, so the power of regulation by a variet

7、y of electronic delivery is recent years with the development of electronic technology and the rise of a mode of service, its system based on international judicial assistance among, with new content and features, is also facing many problems, and thus become academics and practitioners concerned a

8、hot issue. I. Overview of extraterritorial electronic delivery (An extraterritorial way electronic delivery Extraterritorial electronic delivery as a new mode of service of judicial documents, which in computer technology and information network technology, based on the data in the form of judicial

9、documents to convert and import it into the computer, through the information network technology and served on the parties to the computer equipment, so that the content of judicial documents for the parties are aware. practice, electronic delivery approach generally include three types: one is the

10、e-mail delivery, that is, via e-mail will be sent to reach extraterritorial judicial documents in the hands of the parties. The second is the online bulletin served so-called online bulletin service, which means the judiciary to judicial documents uploaded to a specific site, not specific to the pub

11、lic can query the network to know the contents of judicial documents in its third international judicial assistance. called judicial assistance, that is in the area of ​​private international law or international private law, in one out of each others judicial sovereignty or regional aut

12、onomy and respect for each other can not be directly engaged in judicial activities within the region, then there local party by whom the application for judicial activities of the phenomenon. judicial documents served by electronic means, often through international judicial assistance and complete

13、. This is because, as mentioned above, evidence act itself is a judicial act, the act The jurisdiction needs to be carried out, based on this behavior is also the smooth conduct of the judicial conditions and out of respect for the sovereignty of a State judicial staff and not directly to other coun

14、tries within the field of forensics, this situation served under the inter-state electronics often also requires the two governments through judicial assistance manner. (Two extra-territorial reach of the advantages of electronic Extraterritorial electronic service delivery as a new way of having a

15、lot of ways that are not traditionally served advantages: First, the extraterritorial electronic delivery models conform to the requirements of the development of modern office. Information technology, digital technology is the development of science and technology in modern society the trend in the

16、 information technology tide, modern office methods have undergone enormous changes, the traditional basic pen and paper out of the office space, computers and networks have become a essential for office work in a variety of work, paperless office to become the basic pattern of the modern office. Against this background, the Courts office mode also corresponding changes occurred, and service of judicial documents writing more through computers and netw

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