Research On Foreign Judicial Practice Of Taiwan's Legal Statu

An important problem faced by foreign courts in Taiwan related judicial practice is how to determine the legal status of Taiwan.After comparing the case facts,dispute focus and judgment basis of the sample cases,it is found that the determination of Taiwan's legal status by foreign courts is complex and worthy of attention and research.The differences of Taiwan's legal status in the judicial practice of foreign courts are mainly reflected in four aspects: the results of the court's determination of Taiwan's legal status are different at different stages;There are also differences in the judgment results of the same case in different national courts;In different stages of a country's courts,the findings of the same case will also be reversed;In addition,the practice of British courts has always been different from that of other countries.The special feature is to exclude the political attribute of the cases and recognize the government,law,jurisdiction and other aspects of Taiwan for limited purposes.These have directly resulted in the diversity of legal status of Taiwan in foreign judicial practice.On the one hand,the courts of different countries' different judicial practices in Taiwan,especially those in favor of Taiwan,may be used by the Taiwan authorities to provide evidence and factual support for their pursuit of Taiwan's“International space”.On the other hand,these judicial practices may not only affect the positions and practices of other institutions in the country about Taiwan,but also have a negative impact.The “contagion” effect has an impact on the judicial practice of courts in other countries.Some of these “interactive” and“cumulative” effects have appeared,and some may appear in the future.China needs to attach great importance to such practices and their adverse effects,and actively use “one voice” and other theories and tools to deal with them.