域外“送达难”困局之破解

On Countermeasures to Solve Problems in Serving Abroad

导致我国域外"送达难"的主要原因是我国域外送达的司法主权理念过时,相应的送达立法及操作机制不完善。为此应改变送达理念,明确放弃域外送达司法主权理论,重新审视我国对送达公约的有关保留,充分利用《海牙送达公约》的替代性送达方式,不断创新国际合作模式;修改完善有关国内立法,理顺送达体制,尽可能地扩大域外送达的送达人、受送达人主体范围,明确诉讼当事人自行送达的责任,充分挖掘当事人的域外送达潜能;充分利用各种快捷送达方式,进一步加强域外送达的法律服务和其他辅助服务。

The main reasons for problems in serving abroad are the relative old-dated philosophy in judicial sovereignty and the relevant defective rules and their operative mechanism.In order to solve these problems successfully,it's necessary to give up completely this old-dated philosophy and review the China reservations to Hague Service Convention as to make the best of the alternative service methods supplied by the Convention,and to innovate international cooperation models continuously.We also should perfect the related internal legislation and reform the service system so as to expand the scopes of process server and its receiver in abroad service,clarify the litigant's abroad service responsibility so as to fully exploit their potency in it,explore more efficient ways in service abroad,and enhance the relative law service.