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Meiya Company Applied For The Approval And Enforcement Of The Civil Judgment Of The Taiwan District Court

Posted on:2018-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:P H LiFull Text:PDF
GTID:2356330518953528Subject:legal
Abstract/Summary:PDF Full Text Request
In the day of economic globalization,it has become closer and closer in the aspects of China's economic,trade exchanges,cultural exchanges between the mainland,Hong kong,Macao and Taiwan,which greatly promotes the economic development increasingly and the people's emotion.At the same time,it's also unavoidable to produce some disputes.Our country is in special conditions,Hong Kong and Macao regions were respectively ruled by the British and Portuguese as colonies for a long time.Therefore,Hong Kong's legal systems were influenced by the UK and Macao's legal systems were influenced by Portugal.Meanwhile,Taiwan region has been alone with legal systems before unification,it formed an independent legal scope.At present,under the framework of "one country,two systems",there exists four jurisdictions exacerbating the interregional conflict of laws.In the judicial practice,the conflicts are becoming more and more significant among the definition of jurisdiction,the choice of applicable law,the judgment,the recognition and enforcement of arbitral awards.Interregional conflict of laws play a important role on interregional integration for a long time.How to apply the laws to solve the disputes is not only beneficial to maintain the legitimate rights of the parties,also keeps more conducive about the sustainable development of economy,society's harmony and stability.In addition,the system of public reservation order also plays the important part of the interregional conflict of laws.About the regulation of the system,four jurisdictions include laws and regulations,obviously,the parties have a positive attitude about the system.However,our country in four jurisdictions are different among the political system,policy and law,values and social development due to historical and realistic reasons,they are also different in such aspects as definition of the connotation.Therefore,the problem of using public reservation order is not avoided in the interregional conflicts of laws,and it is worthy for us to explore the defects in the current of the system.In this article,it will explore the choice of applicable law and the system of reservation of public order problems and put forward some suggestions to the improvement of the system of reservation of public order through the analysis of a typical case.The first part of the article is a brief introduction about the case and refines focus of dispute.According to the analysis of the case and it will find focus of disputes,it can indicate the direction for the following legal analysis;In the second part,it will have a analysis of the issues about “How to affirm thearbitration agreement of the parties who gives up the arbitration jurisdiction,and whether Taiwan district court has jurisdiction” and “The system of reservation of public order in the private interregional law”.It will use the analysis method of deductive reasoning to obtain relative conclusions by interpreting the connotation of the applicable law and expound the international contract law,it also explores the system of reservation of public order,and enumerates relevant legal provisions.In the last part,it obtains some suggestions from analysis the case.Through the thesis,the first two parts conclude the case of contention and refine the discussions surrounding these points by legal analysis.We have a clear understanding about the relevant theory in the process of legal theory analysis.Therefore,in this part,we mainly discuss the public reservation order and indicate some problems of the system of reservation of public order in our country,and we shall make some pertinent suggestions about it.
Keywords/Search Tags:Applicable Law, Principles of Applicable Law, Public Policy, Legal Unit, Interregional Conflict Laws
PDF Full Text Request
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