国际民商事司法与行政合作中的中央机关机制

国际民商事司法与行政合作众多方法中,最为重要的要数中央机关合作机制的建立。中央机关在发展中表现出模式的双边化和功能的多元化等趋势。中央机关合作机制在实践中发挥了重要作用,特别是在域外文书送达、域外调查取证、司法救助申请、返还诱拐儿童和国际扶养请求等领域。当然,该合作机制在实践中也暴露出一些应当予以改进的问题,特别是应当改善并逐步扩大中央机关机制的作用。

On the System of Central Authority in International Judicial and Administrative Co-operation in Civil and Commercial Matters

Among many methods of Judicial and Administrative Co-operation in Civil and Commercial Matters, the most important one is the co-operative system of central authority. During its developing, central authority has many trends, such as bilateralism in mode and multilateralism in role. The co-operative system of central authority plays an important role in practice, especially in fields of documents service abroad, discovery and abroad, application of access to justice, return abducted children and international maintenance. Certainly, this co-operative system also exists some problems to be improved, especially enlarging its role step by step.