| Based on briefly stating theory of recognition and enforcement of interregional civil decisions, the author not only analyses many problems and their reasons which exist in China, but also approaches how to perfect its system from three aspects, that is, mode choice, requirements for recognition and enforcement and the procedure of recognition and enforcement. The paper consists of three parts:The first part is the analysis of recognition and enforcement of civil decisions.Firstly, the author states the definition of interregional civil decisions from the understanding of inter-region and civil decisions. Region here is an independent legal area within a state sovereignty. Compared with single executive region, it has both some similarities and some distinctions. The scope of civil decisions here do not make a distinction between civil decisions and commercial decisions, which is directed against all the sober truth to give paper of judgment, order, independent of intermediate order and mediation paper in the whole civil area including commercial and economic cases.Secondly, the author introduces the general theory of recognition and enforcement of interregional civil decision, which involves the relationship between recognition and enforcement and concerned doctrines .The second part is on the present situation and existing problems of the recognition and enforcement of interregional civil decisions in China.Firstly, from the three aspects of social system, genealogy of lav and coordinate organs, the author compares the recognition and enforcement of interregional civil decisions in China with that of many other countries, and introduces specific operations compared with other legal area and makes readers understand the present situations of that.Secondly, the main problem of recognition and enforcement of civil decisions is that no laws to be observed. Though there are some rules which regulate the problems bet5ween mainland and Taiwan legal areas, there are still some drawbacks in them. These restrict justice and reasonableness to a great degree and make some problems not solved actually. Based on the present situation that the recognition and enforcement of civil decisions are backward, chaos and relatively static, the author analyses every origins of contradiction and conflicts, that is, political opposition, discordance of economic development and the differences of cultures.The third part is on the mode choice and system construction of recognition and enforcement of interregional civil decisions in China.How to perfect recognition and enforcement system of interregional civil decisions in China is the key content which the author discusses.Firstly, which mode should be adopted is the premise of the problems in China. Based on the analysis of three common modes in the world and the modes put forward by Chinese scholars, the author points at that the modes mentioned above are not suitable for Chinese national conditions. Nowadays, the best mode choice of recognition and enforcement of interregional civil decisions in China is the Bilateral Agreement Mode. The author gives more details on the reasons for adopting this mode, how to discuss in two regions and the main body that signs contracts.Secondly, the core of the problem is how to make reasonable regulations of the conditions of the recognition and enforcement of each legal area. Meanwhile, the author also discusses the understanding on "reciprocal relationship" and "final sentence", which law will decide whether the court which makes the originaldecision has jurisdiction and harmony of jurisdiction, how to understand concurrence and justice of hearing procedure, items which should be paid attention to when the court makes use of thereserve system of public order.Finally, how to adopt the reasonable, orderly and versatile procedure of recognition and enforcement by each legal areas are the key of the problem. The author discusses the reason of the application of the local law on procedural problems a... |
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