On The Recognition And Enforcement Of Civil Judgments In Taiwan

With more and more frequent contacts and exchanges between the two sides of the strait,the number of civil cases in mainland that recognize and enforce the Taiwan region has continued to increase.In addition,the mainland's 31 measures of benefiting from Taiwan have been accorded equal treatment to Taiwanese companies,Taiwan compatriots and mainland companies,mainland compatriots,highlighting the mainland government's concept of "one family on both sides of the strait" and revealing the situation of substantial unification" between the two sides of the strait.It is foreseeable that after the implementation of the 31 measures for the benefit of Taiwan,the situation of cross-strait personnel exchanges and economic and trade exchanges will be more prosperous.However,the legal provisions on the Mainland China's recognition and enforcement of Taiwanese judgments have not kept pace with the policy.For example,the "Provisions of the Supreme People's Court on Accreditation and Enforcement of Civil Judgments of Taiwan District Courts" issued in 2015 is the main basis for the mainland to recognize and enforce Taiwan's civil judgments,and some of them are unreasonable.The provisions on exclusive jurisdiction do not capture the characteristics of foreign-related civil lawsuits,but instead push the logic of domestic exclusive jurisdiction rules to Taiwan.The reservation of public order should be used cautiously between the two sides of the strait,but the mainland has not defined explicitly in the relevant legal provisions to weaken the judge's discretion in using it.In addition,due to factors such as incomplete legal provisions,there are many problems in the judicial practice of recognizing and enforcing civil judgments in Taiwan,which makes it difficult to be recognized and enforced.This paper analyzes the problems of the Mainland's recognition and enforcement of laws and practices in Taiwan's civil judgments,analyzes the causes of these problems,and then combines the current status of the mainland's policies to achieve "substantial oneness" through the benefit of Taiwan measures.The unilateral legislation further implements the arrangement agreement and makes some suggestions for the recognition and enforcement of Taiwan civil judgments,with a view to contributing to Taiwan's civil judgments being better recognized and enforced on the mainland.In addition to the introduction and conclusion,the main content of this article is as follows:The first part:Problems in the recognition and enforcement of civil judgments in Taiwan.This part mainly analyzes the problems existing in the two aspects of legal provisions and judicial practice,and finds that there are three aspects:the unfair provision of exclusive jurisdiction,the unclear use of public order provisions,and the difficulty in performing property discovery.The second part:The characteristics and reasons of the recognition and enforcement of Taiwanese civil judgments.First of all,a comparative analysis of the status of recognition and enforcement of Taiwanese civil verdicts with sovereign countries and Hong Kong,Macao and Taiwan will be conducted to summarize the Taiwanese characteristics on this issue.Then,according to Taiwan's civil judgments,the reasons for recognition and enforcement are analyzed.Specifically elaborated from the perspective of imperfect legal provisions and the preservation of public order.The third part is to improve the Taiwanese civil judgment's recommendations on recognition and enforcement.Based on the actual situation of the trials in China and the analysis of the reasons for the recognition and enforcement of the application of the civil judgments in Taiwan on the mainland,this section sets out the short-term goals and long-term goals and makes recommendations on the recognition and implementation of the Taiwanese judgments.The short-term goals are mainly from the perspective of perfecting mainland unilateral legislation,including improving the jurisdictional provisions,restricting the application of public order and good practices,and improving the investigation and evidence collection system.Long-term goals mainly refer to the Hong Kong-Macau model,the mainland and Taiwan,also reached a bilateral agreement.