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China's Mainland Recognizes And Implements New Issues In The Divorce Judgment Of The Taiwan District Court

Posted on:2018-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:F L QiuFull Text:PDF
GTID:2356330536956030Subject:Law
Abstract/Summary:PDF Full Text Request
Marriage is the combination of men and women,produces a series of complex kinship and identity relationships.Everyone expects perfect family life,but in modern society due to various factors,resulting in a high divorce rate,particularly in Taiwan,Taiwan authorities "ministry of the interior" announced the latest divorce statistics,146.4 couples have divorced a day on average in 2015,that is in the world forefront.Because of the exchanges between Taiwan and Mainland increasingly close,the number of cross-strait marriage is also increasing.Therefore,it is urgent to solve the conflict of laws between the two sides of the Strait and the mutual recognition and enforcement of the divorce judgment.This paper intends to discuss the following structure:The first part mainly defines the related concepts and characteristics of the recognition and enforcement of divorce judgment.Researching the history and status quo of recognition and enforcement of divorce judgment of Taiwan in mainland quo,laid the foundation for the analysis behind the second.The second part mainly analyzes the basic case,the court of results,reason of judgment,the focus of controversy in this case,of the presence of practical obstacles,difficulties and related reasons according to China's recognition and execution of related cases in Taiwan divorce judgment.Summarize the sublimation of relevant provisions of the judicial practice of our country and relevant laws.The third part mainly introduces the international community for divorce judgment recognition and enforcement practices,and get some enlightenment in reference to foreign practices.How to introduce some practices of common law countries to recognition and enforcement of interregional divorce judgment system and the international treaties.The author believes that the current cross-strait judicial independence which belong to the continental law system,so you can learn from the civil law countries for foreign divorce judgment recognition and implementation of the system at the same time some;both sides ofthe Strait and belong to different law systems The domain,so the British recognized,divorce between the United States and the implementation of the system of regional processing also has a positive role in the treatment of cross-strait divorce judgment recognition and enforcement.Finally,the author introduces the international treaty on divorce judgment recognition and enforcement system,hoping to draw some nutrients for the recognition and enforcement of some divorce a new idea for solving the Strait.The fourth part mainly combs in cross-strait divorce judgment recognition and enforcement system,how to promote the recognition and enforcement of divorce on both sides of the Straits and put forward some suggestions.This chapter first introduces the current cross-strait divorce judgment recognition and enforcement of legislation;secondly,put forward their own views on some issues on both sides of the Straits recognition and enforcement of divorce;finally,to solve these problems,the author puts forward some promoting cross-strait divorce judgment recognition and enforcement advice.
Keywords/Search Tags:cross-strait, interregional divorce judgment, recognition and implementation
PDF Full Text Request
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