The Empirical Research On Mutual Recognition And Enforcement Of Civil Judgment Across The Strait

There has been a close relationship between the strait since ancient times.In recent years,the mainland and Taiwan respectively regulate their respective unilateral norms to recognize and enforce their judgments each other.The author has collected the cases of the strait and analyzed them.From the view of judicial practice,some problems remained to be settled.For example,the two sides lack the resolution mechanism for the conflict of active jurisdiction;the scope of civil judgments is not consistent,and the Taiwan area has not yet confirmed that the judgement of the mainland is decided;Taiwan tends to review the judgments essentially;the procedures are complicated and so on.Compared to the mechanism of acknowledgment and enforcement in other foreign countries,the most effective and directive way is to make the unified bilateral arrangement over the different scopes of law,but based on the current situation that both sides lack conditions in all directions.Hence,the positive and objective way is to perfect their own unilateral legislation,when the conditions are achieved,both sides can consider to reach the bilateral arrangement.Because of the restriction of the word numbers,this paper focuses on the problems during the process of Taiwan's courts recognize mainland's judgments.To probe the problems,it is also necessary to analyse the current situation of the judgments that are made by Taiwan's court and recognized by mainland's court.Through analyse the current judicial situation of both sides,the problems can be exposed easily and then some legal advice is put forward to optimize the whole mechanism,and it is also beneficial to absorb advanced theory and practical experience and take example by the bilateral arrangement between mainland and Hong Kong and local judicial practice of Fujian province.By these methods,the mechanism is hopeful to be advanced and the bilateral arrangement between mainland and Taiwan can be formulated someday.This paper has been divided into four parts:The first part explains reasons of recognizing and enforcing judgments,including the legal basis,jurisprudence basis and judicial practice.The basis forms thefoundation of the mechanism both in theory and practice and distinguish it from other research among other inter-regional judicial assistance.The second part mainly states and analyses the problems based on the study of current situation.Through the selection of cases of both sides,the research on the current situation is carried out.It both concludes and analyses the detailed data.This part focuses on the problems of the process of recognizing and enforcing judgments that are made by mainland's courts and need recognized by Taiwan's courts.The third part put forward the methods to optimize the mechanism according to the problems of the second part.The precondition is the principles that both sides need to follow when solving problems and grasp the overall situation through the principles.And then both sides can take example by the mechanism of foreign countries and inter-regions of our country and local practice.Combined to the reality of both sides,some specific suggestions are raised.The fourth part is to bring summary to whole paper.