我国区际司法协助若干未尽问题的理论阐释

The Theoretic Explanation on Several Unsolved Problems of the Interregional Judicial Assistance in Our Country

如何做好区际司法协助不仅是一个紧迫的法律问题,还是一个意义重大的政治问题。近年来司法协助已成为两岸四地学界共同关心的热点议题,实践中也相继取得了一系列重大突破,但其中若干概念和问题却亟待理论的阐释。建构我国的区际司法协助制度须着眼我国的具体国情,采取务实的做法,以促进两岸四地间的民商事流转和国家的统一。

The interregional judicial assistance is not only an urgent legal problem but also a significant political problem. The judicial assistance has become the hotspot of the academia＇s discussion in the mainland, Hongkong, Taiwan and Macao. Breakthroughs have been obtained in the recent judicial practice. But several concepts and problems are still not well explained. The judicial assistant system of our country should be built in accordance with the national conditions and in pragmatic way, which will promote the civil and business associations and unification among the mainland, Hong kong, Taiwan and Macao.