The Recognition And Enforcement Of Judgments Between Mainland And Taiwan

As the economic, trade, cultural and personnel exchanges across Taiwan straits have become more closer, the disputes between the mainland and Taiwan in civil and commercial is also increasing. Whether the recognition and enforcement of judgments in civil and commercial matters is well or not directly affects the vital interest of the person across Taiwan straits. Firstly the paper explains the necessity for recognition of cross-strait civil and commercial judgments, and the situation of study in theory, then from the recognition and implementation of the decision of both sides of the basic theory, it discusses the meaning of the Civil and Commercial Judgments Recognition and Enforcement and the existing system of systems. Based on the interpretation of cross-strait system, it analyse existing system of cross-strait, and comparatively analyzes the political systems, also analyzes of the current problems in practice. Finally due to the complexity and particularity of recognition and enforcement of cross-strait, in compliance with the relevant principles, it has the proposal of building a model between Fujian and Taiwan for the judiciary branch to have meetings, under the conditions to establish cross-strait mutual legal assistance agreements and other point of view. In this paper, I use a combination of theory and practice methods to analyze the theory, in addition to explore the mainland and Taiwan civil and commercial judgments recognition and implementation of the theory, but also closely cross-strait current legislation and judicial practice. At the same time, I use a comparative study of methods to analyze the legislation across the Taiwan Strait. This paper introduces the development of legislation across the Taiwan Strait firstly, then analyzing the current situation of legislation and judicial practice, at last, giving some advices to the recognition and enforcement of judgments.I hope the thing what I do will be helpful for the recognition and enforcement of judgments across the Taiwan Strait.