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中美两国在司法文书域外送达的立法和实践上有着较大差异。立法上的差异：条约在本国法律体系中的地位、法律渊源、域外送达的主体、受送达主体的划分上，均有区别，最主要的区别是我国法律禁止采用邮寄方法和法院、诉讼利害关系人直接送达方式在我国境内送达，美国则相反。实践中的差异：外交送达途径、邮寄送达的法律根据、送达主体、受送达单位主体是否必须有授权等不同。两国城外送达法律冲突的核心问题是美国法院谋求美国法律的域外效力，采取我国不允许的方式在我国境内送达司法文书，解决的办法是：通过外交途径，签订司法协助协议，修改、完善我国司法文书域外送达的法律。
There are great differences between the legislation and practice of China and the United States in delivering extra-judicial documents outside the territory. Differences in legislation: The status of the treaty in its own legal system, the origin of law, the subject served outside the territory, and the division of the subject served are different. The most important difference is that our law prohibits the use of the mailing method and the court, litigation Stakeholders direct delivery service in our territory, the United States is the opposite. Differences in practice: Diplomatic means of delivery, the legal basis of mail delivery, served on the subject, subject to the service unit must have the authorization and so different. The core issue of the legal conflicts between the two countries outside the city is that U.S. courts seek the extraterritorial effect of U.S. laws and serve their judicial documents in our country in ways not permitted by our country. The solution is to sign an agreement on mutual legal assistance through diplomatic channels and amend , Improve the law of our country judicial documents served outside the territory.