Research on Mutual Legal Assistance Between Taiwan and Mainland China— The Recognition and Enforcement of Judgments Rendered by Courts of Mainland China
Date Issued
2007
Date
2007
Author(s)
Sun, Cheng-Hua
DOI
zh-TW
Abstract
The subject of the thesis is to research mutual legal assistance between Taiwan and Mainland China, and the major issue focuses on the recognition and enforcement of judgments rendered by courts of Mainland China, because recognition and enforcement of foreign judgments is not only important for settling disputes between parties to suits, but also significant for saving judicial resources.
The thesis demonstrates that because the area of conflicts of law between cross-Strait belongs to international conflicts of law, the mutual legal assistance between them is international mutual legal assistance; therefore the conventions on the recognition and enforcement of foreign judgments is suitable for use. However, since China still denies the legitimacy of the Taiwanese Government and claims that Taiwan is one part of their territory nowadays, it is difficult in reality for Taiwan to sign those conventions as an independent country. Consequently, the thesis discusses international conventions and internal agreements between Mainland China, Hong Kong and Macau simultaneously, and analyses the possibility of using those conventions and agreements as reference to resolve Taiwan’s problem.
According to the research, Taiwan shouldn’t recognize and enforce criminal judgments rendered by courts of Mainland China because there are huge gaps between cross-Strait on political, social, economic even legal systems. As to recognition and enforcement of judgments in civil and commercial matters, although the Act Governing Relations Between Peoples of Taiwan Area and Mainland Area §74 has already given the legal basis, the section is too simple to handle various kinds of disputes. The thesis suggests using international conventions and internal agreements of the above as reference to amend §74, and Taiwan could resolve current controversies unilaterally even without any negotiation and agreement with Mainland China. Furthermore, the thesis offers concrete amendment and legal reasons in Chapter 6.
Subjects
司法互助
法律衝突
裁判之認可與執行
區際司法互助協議
修法建議
mutual legal assistance
conflicts of law
recognition and enforcement of judgments
conventions on private international law
internal agreements on mutual egal assistance
suggestions for amendment
SDGs
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-96-P94341012-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):9fd538ce4bf12d6aee8a24fbc71d325f