On The Way To Resovle Civil And Comical Law Conflicts Across The Taiwan Straits

With the easing of political relations across the Taiwan Straits in recet years,civil and commercial communications become more and more closed,and conflicts of laws are increasingly appare.In view of the history,laws regulating relations across the Taiwan Straits are subject to political relations across the Straits,and evoluted into two independent Legal Territories.Against the background of cooperative relations across the Taiwan Straits noteworthy topics such as how to alleviate side effects by political factors on civil and commercial communications across the Taiwan Straits,resolve conflict of laws,push civil and commercial communications and restrutrue mutual trust relations are the focuses of this thesis.With respect to thought of demonstration and ideas,this thesis based on cooperative relations across the Taiwan Straits;focus on the ways to resolve conflicts of civil and commercial laws across the Taiwan Straits.The author argured the necessity and feasibility of multilevel ways,such as cross-strait negotiation,unilateral legislation and case method,to resovle cross–strait conflicts of laws.The easing of cross-strait relations facilitates cross-strait civil and commercial relations developed from civil realtions into trade and economic fields.Differencs between civil and commercial relations require cross-strait negotiation play an ever increasing important role in resolving conflicts of laws,fostering mutual trust across the straits.This has been demonstrated in the fields of financial law,investment protection,intellectual protection and the arrangements of judicial assistance.The particuality of cross-strait political relationships determined that Taiwan and Mainland had to unilateraly resovlethe conflict of laws in the way of rules of confict of laws,which is still playing the leading role.Interactions case by case among the private including lawyers from both sides of Taiwan Straits contribute to alleviate side effects by cross-stratit political factors,resolve conflicts of laws.Mainland China Area regulates cross-strait conflicts of laws in the form of judicial interpretation.In Taiwan Area,Regulation Governing the Relations between the People of the Taiwan Area and the People of the Mainland China Area regulates such conflicts.This thesis argued that each side's civil and commercial laws shall be recognized at the legislation level.With respect to structural arrangements,this thesis includes three parts,introduction,body and conclusion.The introuctione part explains why we discuss this topic and how to dicuss it.The body part includes chapters from one to seven.Chapter one argues that Mainland China Area and Taiwan Area are both independent legal units,and conflicts of laws across straits totally different from other courties by demonstrating the particularity of Taiwan Area and laws enacted by Taiwan authorities.Chapter two argues the feasibility of three ways,cross-strait negotiation,unilateral legislation and case method to resolve conflcts of laws across the straits.This chapter focuses on the role of regional conflict of laws in resolving the cross-strait conflicts,especially demonstrating the feasibility of Mainland China recogninzing the civil and commercial law enacted by Taiwan Area,though Taiwan is an unrecognized political entity.Chapters from three to six mainly focus on demonstrating the limitation of unilateral legislation,and authorities from both sides shall pay more attention to cross-strait negotiation in the new era.Chapter three examines the origin,status and character of the Regulation Governing the Relations between the People of the Taiwan Area and the People of the Mainland China Area,and argues that Taiwan Unilateral legislation has been restricted by political factors.Chapter four and Chapter five demonstrate the limitation of Unilateral legislation from the perspective of basic regimes in conflict of laws and difference in rules of choice of law in traditional civil relations.Chapter six demonstrates the importance of cross-strait negotiation in resolving conflicts of laws across the straits.Commercial communication pushed by cross-strait negotiation and legal conflictsarising thereby poss peculiarities,which need more attention from both sides on cross-strait negotiation.Chapter seven demonstrates the importance of cross-strait negotiation to resolve conflicts of laws from theperspective of judicial assistance.The conclusion points out the importance three ways mentioned above to resolve the conflictsof laws across the straits.Authorities of Mainland China Area shall expressly recognize the civil and commercial law enacted by Taiwan at the legislation level and pay more attention to the role of cross-strait negotiation in lessening difficulties caused by unilateral legislation.