A Study on Recognition of Civil Judgments and Civil Execution between the Taiwan Straits
Date Issued
2015
Date
2015
Author(s)
Chen, Li-yu
Abstract
In July 1987, the Taiwan government removed the restrictions on foreign currencies to permit out-bound investments, setting up the stage for indirect investment of private enterprises bound for Mainland China. Starting November of the same year, the Taiwan government allowed its people to visit their family remaining in Mainland China. Meanwhile, in June 1988, the State Council of People’s Republic of China promulgated “Regulations regarding the Promotion of Investment from Taiwan” in a timely manner, providing legal protections and political agenda for such in-bound investment. With this backdrop, the cross-strait interactions between individuals and enterprises have intensified both in width and depth with the increasingly open policies on the cross-strait relationship. As a result, it is inevitable that disputes will arise and are sought to be solved by way of adjudication. It also sees that the courts in one jurisdiction are likely to hear civil cases with factors related to the other jurisdiction. The courts in both jurisdictions accordingly have to deal with issues regarding mutual legal assistance, including enforcement and court procedures. On 27th April 2009, the Third Jiang-Chen Meeting between the two governments concluded by agreeing upon the “Reciprocal Cross-Strait Agreement on Combating Crimes and Judicial Assistance.” It sought to deal with the reciprocal recognition and enforcement of civil decisions rendered by the courts by way of an inter-governmental agreement. It has become the most important legal source for the purposes of mutual legal assistance and recognition. However, after five plus years after its execution, some problems concerning recognition and enforcement of civil decisions still remain unsolved. This study intends to address and analyze these relevant issues, and ultimately proposes some suggestions as a solution.
Subjects
Act Governing Relations between the People of the Taiwan Area and the Mainland Area
recognition of court decisions
recognition of foreign decisions
binding effects of court decisions
complaint by the debtor in objection to the enforcement of a decision
mutual legal assistance
SDGs
Type
thesis
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