- 英文摘要
- This article is to discuss the issue of obtaining evidence abroad while letting the Taiwan court hear the foreign-related civil cases. First, this article will introduce the difference between procedural systems of different countries. In inquisitional procedural model, the court collects the evidence, and in adversarial system, the party have the right to collect evidence under
court’s permit. Due to the difference, the extraterritorial evidence collection system is also different in inquisitional and adversarial procedural model. Because of the difference between litigation system, rules and regulations to obtain evidence abroad is different. In addition, the applicable law and choice-of-law rule of the burden of proof is different. The way to obtain evidence abroad is through international judicial cooperation and the letter of request system. This article focuses on the letter of request system, including the requisite of letter of request, content and the form of the letter of the request. And if Taiwan courts want to require foreign court to collect evidence, Taiwan courts shall examine the requisite whether it shall conform to. At the end, this article will discuss the issue of Blocking Statute and Fishing Research. In some counties, the party could collect evidence abroad according to the court rulings that may undermine the sovereignty of foreign country. Some countries adopted the formulation of refusal laws and regulations which called Blocking Statute to resist this kind of evidence-collection. The Blocking Statute originates from the duty to keep secret of client’s materials or national security. When there is Blocking Statute in that country, could the court allow the party to collect evidence in that country? This article further discusses the issue of Fishing Research and attempts to and resolve the question of obtaining evidence abroad whether through judicial cooperation or not.
- 目次
- 壹、前言
貳、域外取證之訴訟制度
參、域外取證之必要性
一、舉證必要性
二、舉證活動之準據法
肆、司法互助之域外取證
一、域外取證之模式
二、請求書取證
三、域外取證之請求書
四、取證之決定及回復
伍、域外取證之拒止
陸、摸索證明
柒、結語
