在审理国际民商事诉讼案件过程中,调查取证是各国法院、当事人及其诉讼代理人进行诉讼活动的一个必经环节,它不仅是法院进行司法审判的重要依据,同时也是当事人能否实现其诉讼请求的关键因素。由于国际民商事诉讼案件所特有的“涉外”因素,往往调查取证工作不能在一国境内完成,必须到域外进行。然而域外取证不仅涉及他国的主权与安全,而且涉及他国一 In the course of hearing international civil and commercial litigation cases, the investigation and evidence collection are necessary steps for the litigation activities of the courts, parties and their litigants in various countries. It is not only the important basis for the court to conduct judicial proceedings, but also the parties’ ability to fulfill their litigation The key factor of the request. Due to the “foreign-related” factors unique to international civil and commercial litigation cases, the work of investigation and evidence collection is often not completed within one country and must be carried out outside the territory. However, extraterritorial extradition involves not only the sovereignty and security of other countries, but also one of his own countries