Empirical Research On The Coition And Enforcement Of The Civil And Commercial Judgement Between The Mainland And Taiwan Province In China

The development of civil and commercial judicial assistance in modern sense is closely linked with the capitalism’s global expansion and development. With the continuous development of productive forces, transnational and inter-regional civil and commercial exchanges become more frequent, the trial in a national court of a case related to more than one country or region will often depends on the judicial assistance between them, whether in the course of the proceedings or the outcome of the proceedings.In China, because of historical reasons, there exists the phenomenon of "one country, two systems, three legal families, four jurisdictions". This makes the status quo between Taiwan and the administration of justice is particularly important. The judicial assistance in many areas between the mainland and Hong Kong and Macao has gradually improved, but the cross-strait mutual legal assistance, especially the recognition and enforcement of judgments, as a sensitive and difficult issues,developed slowly, which can not satisfy the need of the practical development between both sides. The civil and commercial exchanges between both sides will enter a new phase, thus resulting in more direct and intense conflict of laws problems, which make it essential for the judicial assistance between both sides to solve the conflict and improve the conditions for the exchange. Therefore, how to enforce and recognize the civil and commercial judgments between bosh sides at present becomes an important question.In the preface of the first chapter in the dissertation, the author generally discuss the problems involved, The main thesis chapter on China’s mainland and Taiwan civil and commercial matters, the recognition and enforcement of judgments of the characteristics and the status quo, the chapter by describing the inter-district civil and commercial matters, recognition and enforcement of judgments, and then introduce Chinese Mainland and Taiwan civil and commercial judgments of the characteristics of the recognition and enforcement. Dissertation chapter content for the Chinese mainland and Taiwan civil and commercial matters, the recognition and enforcement of judgments of the empirical study, the chapter introduced the courts of the Mainland Chinese in Taiwan, the Taiwan region of China mainland court judgments in civil and commercial matters of the recognition and enforcement of judicial practice and some of these issues. Next, in Chapter III of this article discusses the Chinese mainland and Taiwan civil and commercial judgments the recognition and enforcement of building a system problem, the chapter to introduce other countries, the Mainland and Hong Kong and Macao to resolve civil and commercial inter-district recognition and enforcement of judgments of practice in the on this basis, I put forward a model of the system of cross-strait about the personal views. Finally, at the conclusion of this article, between the mainland and Taiwan based on a court decision and admit the reality of implementation, the complexity and particularity, the author sums up his own opinion, and the two sides should further strengthen exchanges and interaction between the administration of justice, the two sides of justice should actively assist in the exploration and confirmation in a planned, step by step implementation of the aim point of view.