On Parallel Proceedings Between Mainland China And Taiwan

Parallel Proceedings is one of the most common problem in civil and commercial lawsuit,it means for the same case(Dispute caused by the same facts),the same parties file a lawsuit in two or more court that has jurisdiction at the same time.The problem touch with Parallel Proceedings closely is parallel jurisd iction,it means for some cases which contain factors of civil and commercial involving overseas elements,there are two or more countries (regions) that has jurisdiction at the same time.What's more is that these countries (regions) do not deny that other jurisdiction exist at the same time,parties can choose to court freely.Interregional parallel litigation is a branch of parallel proceedings,its feature is that the courts referred parallel proceedings are in a same country,but belong to different areas.These areas may be have different legal system due to historical or polit ical reasons,in other words,they are in different legal f ield.To compared with the internat ional parallel proceedings,interregional parallel proceedings has to consider domestic factors,so it is more complicated.In the current civil judicial practice related to Taiwan,parallel proceedings are a prominent reality problem.One of the reasons of Parallel Proceedings between Mainland China and Taiwan is Taiwan authorities do not allow the mainland residents applying to Taiwan area with civil lit igat ion,the judicial power of the parties are faced with man-made obstacle.Although the Parallel Proceedings between Mainland China and Taiwan has complicated reasons and frequently occurred,but scholars in China and overseas countries (regions) do not have many thesis about that problem.Minor ity theses are also stay on the surface,not combined with China's national conditions and practice.On the other hand,because of that problem is unique in China,so there are few overseas scholars study it.From my perspective,these conditions reflect the current researches are quite a few,and that problem requires in-depth study from theory and practice.So I do my best to gather relevant information,combined with the actual situat ion of mainland and Taiwan to write this article,I hope I can solve some problem and contribute to this problem.