随着我国对外开放政策的进一步落实,我国已与法国、波兰、比利时等国家签订了不少双边条约,建立了司法协助关系。但是,从总的情况来看,我国的司法协助还远不能适应当前民事交往飞速发展的需要,有许多问题有待研究和解决。本文试就民事司法协助的几个问题作些探讨,以期有助于我国司法协助理论的进一步完善。一、民事司法助协的概念与范围所谓民事司法协助,是指一国法院在审理涉外民事案件时,根据自已国家与他国缔结或参加的双边、多边条约或两国间的互惠实践,彼此相互帮助和进行合作的一种法律行为。这一概念表明:第一,两国法院之间进行相互的司法协助,一般是根据两国之间签订的条约或 With the further implementation of China’s opening-up policy, China has signed many bilateral treaties with France, Poland and Belgium and established the judicial assistance relationship. However, judging from the general situation, our country’s judicial assistance can not meet the needs of the rapid development of current civil exchanges. There are many problems to be studied and resolved. This article tries to discuss some issues of civil judicial assistance in order to help our country’s judicial assistance theory to further improve. I. The concept and scope of the Civil Justice Assistance Association The so-called “civil justice assistance” refers to the mutual judicial assistance of a country’s courts in handling foreign-related civil cases in accordance with the bilateral and multilateral treaties concluded or participated by other countries or the reciprocal practice between the two countries Help and cooperate in a legal act. This concept shows that: First, the mutual legal assistance between the two courts is generally based on the treaty signed between the two countries or