地方司法协助的法理探析——以满洲里口岸为例

On Local Judicial Assistance from the Perspective of Jurisprudence——Taking Manzhouli Port for example

满洲里作为中国最大的陆路口岸,汇聚着中俄蒙三国文化。近年来,随着边境贸易的不断发展,边贸纠纷不断增加,涉外案件也节节攀升,涉外送达和域外调查取证问题也就突显出来了。然而,依据传统的国际司法协助不仅不能有效地解决涉外案件,而且还带来了新的问题。为此,必须进行司法协助模式转变。基于边境地区的特殊性,地方司法协助就有了必要性和可行性。积极进行地方司法协助的建构,对满洲里口岸建设意义重大,对中国边境地区的涉外案件的有效解决意义重大。

As the largest overland port in China, Manzhouli converges three kinds of culture, namely, Chinese, Mongolian and Russian. In recent years, with the continuous development of border trade, border trade disputes become increasing. Meanwhile, cases involving foreign elements are also rising. As a result, the problems of foreign services of lawsuits and the extraterritorial investigation and evidence collection have been highlighted. However, based on traditional international judicial assistance, not only foreign-related cases can not be effectively resolved, but also new problems are brought out. Therefore, the transformation of judicial assistance model must be carried out. Because of the particularity of the border areas, the local judicial assistance has its own necessity and feasibility. Actively constructing the local judicial assistance is of great significance to the construction of Manzhouli port. It has also great significance to the effective resolution of foreign-related cases of border areas in China.