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With a view to further improving the work efficiency of international judicial assistance, and serving the trials work better, this Court hereby decides to assign your courts to make experiments on judicial assistance work concerning the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to the Hague Service Convention) and Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (hereinafter referred to the Hague Evidence Taking Convention), and the high people's courts shall directly put forward and transfer judicial assistance requests and relevant documents to the central authority of the member countries of the Convention. The scope of judicial assistance for experimental work shall cover: 1. According to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, the request and relevant documents on the service of judicial and extrajudicial documents, which are put forward in accordance with the Hague Service Convention by these courts and the lower level people's courts shall be put forward and transferred directly to the central authority of the member countries of the Hague Service Convention; but if any member country of the Hague Service Convention has signed bilateral judicial assistance conventions with our country containing judicial assistance in civil matters, it shall be handled according to the methods prescribed in the convention. 2. According to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the requests and relevant documents for investigation and evidence taking abroad in civil matters, which are proposed by these courts and the lower level people's courts according to the Hague Evidence Taking Convention, shall be put forward and transferred directly to the central authority of the member countries of the Hague Evidence Taking Convention, who have accepted the accession of China and the Convention has become validated between China and the member countries. But if any of the above-mentioned member countries has signed bilateral judicial assistance convention with China containing judicial assistance in civil matters, it shall be handled in accordance with the methods prescribed by the convention. Where, according to the prescriptions of the bilateral judicial assistance convention signed between China and a foreign country, any judicial assistance request, which shall be transferred by the central authorities of the two parties, needs to be put forward through diplomatic ways or through consulate, it may still be handled in pursuance of the former procedures. Your courts shall do the experiment work strictly in accordance with the examination and approval procedures, so as to improve the quality and efficiency of the work. The reminder system shall be established, and documents shall be distributed to remind them three months later. You shall pay attention to making investigation and research, and sum up experiences and establish the system of statistics and putting them on records, so that the relevant statistical data may be submitted to the department of foreign affairs of this Court once half a year. In case of any problem encountered in the work, your courts shall make investigation into it and report it to this Court in time for handling. The trial work shall begin as of November 1, 2003. |
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