Albania, Andorra, Antigua and Barbuda, Armenia, Azerbaijan, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Belize, Bosnia and Herzegovina, Botswana, Brunei, Bulgaria, Hong Kong, Macau, Colombia, Cook Islands, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Ecuador,

El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Hungary, India, Iceland, Ireland, Israel, Italy, Japan, Kazakhstan, South Korea, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Marshall Islands, Mauritius, Mexico,

El Salvador, Monaco, Montenegro, Namibia, Netherlands, New Zealand, Niue, Norway, Panama, Poland, Portugal, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino,

Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Suriname, Swaziland, Sweden, Switzerland, Tonga, Trinidad and Tobago, Turkey, Ukraine, Britain, the United States and Venezuela.

Extended data

The implementation of The Hague Convention on Service in China mainly has the following problems:

1, efficiency problem.

The total number of judicial documents and non-judicial documents served by The Hague Convention on Service in China shows an obvious increasing trend year by year. However, the success rate of foreign-related civil and commercial cases in China is less than 30%. Non-delivery has both objective and subjective reasons.

Objective reasons, accounting for the main part of the non-delivery reasons, mainly include the wrong address and the inability to find the recipient. The subjective reasons caused by human factors are mainly unqualified materials, such as no requirements, no official seal, only one requirement. In addition, there are still some problems such as inflexible transmission mode and unreasonable design of transmission mechanism.

2. The issue of sovereignty.

This problem mainly involves the following two aspects:

(1) In the field of overseas services, the Ministry of Foreign Affairs of China has always been the target of services. When two countries and related companies are involved, we can consider adopting an alternative method.

That is to say, all judicial documents sent by foreign countries to our government (including local governments) will be rejected (except for cases where our government waives immunity), and judicial documents sent by foreign countries to our companies can still be served. Although China is also listed as one of the defendants, it is necessary to show our principled position of sovereign immunity when copying.

(2) In recent years, there have been cases where lawsuits occurred abroad and litigation documents were mailed to China. Many countries transfer their sovereignty to the postal service stipulated in Article 10 of The Hague Convention on Service without any reservation. Generally speaking, the violation of sovereignty often exists in the behavior between public powers.

Therefore, from a legal point of view, it is unscientific to say that postal services "infringe on judicial sovereignty". We can violate the provisions of China's domestic laws or international treaties that * * * participates in or concludes, and the parties concerned can make a defense.

3. Find out the problem.

Article 1 of The Hague Convention on Service stipulates: "In all civil or commercial cases, if it is necessary to serve judicial documents or extra-legal documents abroad, this Convention shall apply." However, the Convention does not define what kind of situation is the occasion for the Convention to serve documents abroad, which should be judged by the law of the forum as the applicable law.

The Supreme People's Court's "Reply on whether judicial documents served on foreign companies can be served on their representative offices in China and can be served by lien" clarifies this content.

It stipulates: "If the addressee has a representative office in People's Republic of China (PRC), it no longer belongs to the case that the judicial document or extra-legal document needs to be served abroad as stipulated in The Hague Service Convention". Therefore, the people's court can serve the litigation documents on the representative offices established by the addressee within the territory of People's Republic of China (PRC), and it is not necessary to serve them overseas according to The Hague Convention on Service. "

4. Settings of "Freight Forwarder".

On September 23, 2003, the Supreme People's Court's Notice on Designating Higher People's Courts in Beijing, Shanghai, Guangdong, Zhejiang and Jiangsu Provinces to Submit and Forward Requests for Judicial Assistance and Related Materials Directly to Foreign Central Authorities in accordance with The Hague Convention on Service and The Hague Convention on Obtaining Evidence served the higher people's courts in Beijing, Shanghai, Guangdong, Zhejiang and Jiangsu Provinces on the central authorities and lower levels of The Hague Convention.

5. Electronic delivery.

With the development of Internet, people pay more and more attention to the electronic delivery of litigation documents, and many countries have begun to legislate on it. In China, article 55 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Special Maritime Procedure Law of People's Republic of China (PRC) in 2002 and article 10 of the Supreme People's Court's Provisions on the Service of Judicial Documents in Foreign-related Civil and Commercial Cases in 2006 have also affirmed the electronic service.

Baidu Encyclopedia-Measures for the Implementation of The Hague Convention on Services