Studies On Interregional Service Of Cross-strait

With the extensive, frequent communication and development across Taiwan Strait in many fields, such as economic, trade and cultural corporation, there are numerous Taiwan-related disputes inevitably observed in civil and commercial affair, such as marriage disputes, inheritance disputes, economic and trade investment disputes. The main legal approaches adjusting those disputes involved the cross-strait judicial assistance, which consist of the investigation and obtaining evidence, the recognition and enforcement of judgments, recognition and enforcement of arbitral awards,and the service of documents, difficulty of that exists objectively in judicial practice。This paper concerns with " The Cross-strait interregional service system" .Though analyzing the current situation of the Cross-strait interregional service system, combined with the judicial interpretation of the Supreme People's Court on the Service of the Taiwan-related Civil Litigation Documents,""the agreement on cross-Strait mutual assistance in cracking down on crimes" recently signed by ARATS(Association for Relations Across the Taiwan Straits) and SEF(Straits Exchange Foundation), sticking to the practice problem in interregional service.To ensure the standard of security market and the realization of legal values, the author's intention is to put forward some approaches to strengthen The Cross-strait interregional service system.The dissertation is made up with three parts: Foreword, text and Conclusion. The text consists of 4 chapters as follows:Chapter 1: give a hackle on the basic theory and acknowledge of The Cross-strait interregional service assistance. Prepare for acknowledge basement of following analysis, the author expatiate the conception of the Cross-strait interregional service assistance, analyze its function, scope and limits, sum up the main features of the system, then make a brief analysis on its relevant basis of policy and law.Chapter 2: study on unilateral legislation and practice on the Cross-strait service assistance. This chapter indicates Taiwan Region's guideline of the Chinese Mainland- affair. In practice, there are two channels: service mainly through ARATS and SEF, entrust a Taiwan lawyer. The author points out the character, the implementing regulation and the main approach of the Cross-strait service, hackles and remarks the service system of Chinese mainland which develop from unofficial to official, from unitary to diversity. Then combined with the current regulations, the article make a detailed analysis on a range of specific mechanisms, such as the scope of application, the category, the channel and the time limits.Chapter 3: make a preliminary explore from a folk and bilateral perspective. "The agreement on cross-Strait mutual assistance in cracking down on crimes", as the first judicial corporation agreement between two sides, implies beginning of further Cross-strait judicial cooperation. As for the content, the regulations are indistinct and incomplete, but have reached a good base for further corporation; though the agreements have an unofficial character, the regulation will be confirmed by the legal documents of both sides. The agreement marks a new era and an important milestone in curriculum development. Only "Agreement on Document Authentication Between the Taiwan Area and the Mainland Area" issued by justice department has regulation on notarization and verify, most judicial cooperation assistance lack of operational program,many assistance such as judicial document assistance settled as individual case, lack of institutionalization pattern.Chapter 4: raise suggests improving the Cross-strait interregional service system. First, analyze the difficulties in interregional service,point out the existed problem on legislature hierarchy, regulation and content, which led to lack operability, and refer the complex operations, long time costs, and low mission success rate in practice, which always led to proceeding out of control. Furthermore, the chapter considered the two sides should adhere to the principle of economic development and the political normalization, adhere to the"one country, two system"policy, improve unilateral legislature, strength service assistance by NGO, freshen up ideas, increase efficiency of civil service, sign a package of comprehensive judicial assistance agreements ,promote the judicial cooperation between the two sides,protect the legal right of the both sides of the party .