The Investigation Of Taiwan-related Divorce Case In Hainan Wenchang

With the exchange across the Taiwan straits increasingly close, the number of marriages on both sides also witnessed a gradual upward trend. From the analysis of the divorce cases in Wenchang district from2008to the beginning of2013, we find that the accusers are mainland women, while the male defendants are from Taiwan;mainland women younger and Taiwan men are older, both of whose cultural and economic levels are low; After marriage the mainland women mostly live together with their Taiwanese husbands in Taiwan. However, some factors result in their divorce. The main reasons for their divorce are as follows. First, the motivation of their marriage is not rational and the their marriage foundation is also weak. Second, the mainland women live a tough life due to the cultural differences and restrictions from Taiwan government. Most mainland women to prosecute only request to dissolve their marriage without protecting other legal rights and interests. In the process of trial for the divorce case involving Taiwan region, because of the court’s limitation of trial and the defendants’negative responses, the court can not find out the facts of divorce case,which results in the low rate of mediation. The related rights and interests of mainland women cannot be guaranteed when divorcing, the reasons for which lies not only in their own low procedural capacity but also in the difficulty of proof. Furthermore, both courts across the Taiwan straits can’t come to an agreement on the women’s legal rights and interests protection due to the different laws. To improve the quality of the judgment of divorce case involving Taiwan region and guarantee the legal rights and interests of mainland women, our country should introduce judicial interpretation of divorce law, involving regulation that our mainland court can refer to the Taiwan laws, making the court judgments easier recognized by both sides. Upgrading its judicial system, both sides should strengthen the judicial assistance, helping mainland court to find out the facts;Taiwan court should also show the mainland spouse their legal rights and interests, positive to exercise the right of investigation to reduce the pressure of mainland spouses’proof. Legal aid center should also actively help mainland women to maintain their legitimate rights and interests when they are weak in lawsuit.