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The Judicial Assistance Between Mainland And Taiwan Lssues

Posted on:2011-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:W S LiaoFull Text:PDF
GTID:2166330332458397Subject:International Law
Abstract/Summary:PDF Full Text Request
Interregional judicial assistance is the cooperation of different legal regions of the same sovereignty in the field of judicatory, whose purpose is to guarantee the effective implementation of different legal regions in the same sovereignty, and thus maintains the sequence of the whole national law order.After the return of Hong Kong, People's Republic of China has been a country of multiple legal regions. With the returning of Macao, Taiwan issue has attracted the attention of the national people, and now a special situation, which is"One state, two governance, three legal systems, four legal regions", has formed. Because of the increasing development and exchange of economy, politics and culture among different legal regions, legal disputes also increase, which promotes the development of judicial assistance. With the continuous deepening of economic intercourse between inland China and Taiwan, how to establish the judicial assistance between the two has been a problem badly in need of solution, which is also a problem in the international law.The judicial assistance between mainland and Taiwan is different from the common interregional judicial assistance. Although the modes of judicial assistance between mainland and Hong Kong, mainland and Macao as well as Hong Kong and Macao are very successful, we can just draw on these modes, but can not copy blindly. The signing of"Agreement on Struggle against Serious Crimes and Judicial Assistance in Cross-strait"brought a sally port to the judicial assistance between mainland and Taiwan. The establishment of the range, subject, mode and pattern of assistance between the two is an urgent problem in the interregional judicial assistance in China, which is also the major problem discussed in this article.The first chapter is mainly about the reasons of judicial conflicts and the necessity of interregional judicial assistance between mainland and Taiwan.The second chapter mainly introduces the present pattern and situation of interregional judicial assistance between mainland and Taiwan, and analyzes the realization and attitudes of the mainland and Taiwan to the assistance.In the third chapter, the discussions are emphasized on the range and content of the interregional judicial assistance between mainland and Taiwan. First, the range of judicial assistance is stated, and then the problem of how to perfect this assistance is demonstrated.In the conclusion part, on the basis of summarizing this article, the author made his own point on the content and pattern of judicial assistance between mainland and Taiwan: it is a good opportunity for the mainland and Taiwan to carry out overall judicial assistance now.
Keywords/Search Tags:of judicial Assistance, Agreement, Mode
PDF Full Text Request
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