海峡两岸暨香港、澳门相互送达司法文书探析

A Study on the Mutual Service of Judicial Documents Respectively between China's Mainland and Taiwan Region,Hong Kong and Macao

相互送达司法文书是海峡两岸暨香港、澳门区际司法协助开展较早的领域。内地与港澳先后签署相互委托送达民商事司法文书的"安排",并各自立法落实达成的协议。两岸则通过一段时间的各自立法与实践,再签订《海峡两岸共同打击犯罪及司法互助协议》,达成司法文书送达方面的合作共识。"两岸模式"与"港澳模式"不同在于,两岸"协商一致"的主体是民间机构,但内容却包括了民商事和刑事司法文书送达,而后者在刑事司法文书送达方面至今未有"安排"。未来,两岸可在借鉴其他区际司法协助的基础上,进一步简化送达程序,提高互助成效。

The mutual service of judicial documents respectively between China's Mainland and Taiwan Region, Hong Kong and Macao starts at an earlier period of time. Successively, China's Mainland has signed the 'Arrangement' about the mutual service of judicial documents on civil and commercial affairs with Hong Kong and Macao, respective law was made to practice the agreements afterwards. However, it took some time for China's Mainland and Taiwan Region to make own law and put into practice before signing The Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement and reached a consensus of cooperation on mutual service of judicial documents. The difference between 'Cross-strait Mode' and 'China's Mainland and Hong Kong &Macao Mode' is that the main body of 'consensus' of the former is civil society but it contains the mutual service of civil, commercial and criminal affairs, whereas the latter has not signed an 'Arrangement' on it so far. In the future, China's Mainland and Taiwan Region may learn experience from other regional mutual legal assistance, further simplify the service procedures to improve efficiency.