On the Non-equilibrium of Mutual Recognition of Civil Judgments by Courts Across the Taiwan Straits
A systematic examination of the judicial practice of mutual recognition of civil judgments across the Straits,including the basic situation of mutual recognition,types of judgment documents applied for recognition,court judgment results,and reasons for judgments,reveals a more pronounced non-equilibrium in the practical application than in legal provisions.The Chinese mainland courts show a more lenient and open attitude than what the law stipulates,whereas the judicial practice in Taiwan region takes a strict and conservative stance towards recognizing judgments of the mainland courts in matters where the legal provisions are ambiguous and there is greater room for discretion.The fundamental cause of the non-equilibrium lies in the imbalance of mutual trust and difference of goals between the two sides.Possible corrective paths include rectifying the stance of judicial personnel in Taiwan region and continuously improving judicial quality in the mainland.
cross-Straitsrecognition of civil judgmentjudicial practicenon-equilibrium
万方数据
维普
