The Acknowledgement and Enforcement of Divorce Judgment between Chinese Mainland and Taiwan Area
|School||Southwest University of Political Science|
|Keywords||The Mainland and Taiwan Area Divorce judgment Acknowledgement andenforcement|
With the economic and cultural communication becoming more and more frequentbetween Chinese Mainland and Taiwan Area, the problem of acknowledging and enforcing ofdivorce judgment mutually is extremely urgent. However, without negotiating any agreementso far, both sides of Taiwan Strait only use their unilateral laws to settle the problem ofmutually acknowledging and enforcing of divorce judgment. By using the laws of othercountries for reference, this dissertation compares the cross-strait’s current laws in this field,analyzes the relevant law’s flaw, and puts forward some suggestions of solving this flaw. Thisdissertation consists of four parts.In the first part, the paper defines the relevant terms of acknowledgement andenforcement of divorce judgment. According the legal scholar’s view, judgment in the field ofacknowledgement and enforcement has two comprehensions, one is the court judgment innarrow sense, the other is verdict concluding government’s decision in broad sense. For thetwo category comprehension, this paper analyses and defines the meanings of judgment.Moreover, the paper defines the relationship of judgment acknowledgement and enforcement,the effective scope of divorce judgment, building the basis for later analyzing in this field.In the second part, the paper introduces other country’s practices on acknowledgementand enforcement of divorce judgment. There are three sections in this part, practices ofcontinental law system countries on acknowledgement and enforcement of foreign divorcejudgment, practices in common law country on interregional acknowledgement andenforcement of divorce judgment and some advanced practices in the current internationaltreaty. Because the law system of both sides of Taiwan Strait are not only independent fromeach other but also belonging to the same continental law system, both sides of Taiwan canuse the experience of other continental law system countries to handle the recognition andenforcement of divorce judgment. Also, both sides of Taiwan Strait belong to the samecountry but in different region. So the system of recognition and enforcement of divorcejudgment of the American and English can also be referenced by both sides of Taiwan Strait.In the end of this part, the paper analyzed the current international treaty hoping to providereferential experience on how to settle the interregional acknowledgement and enforcement ofdivorce judgment between Chinese mainland and Taiwan area. In the part three, the paper firstly analyzed the current law in acknowledgement andenforcement of divorce judgment in the two sides of the Taiwan Straits，then the paperadvanced some suggestions for promoting the acknowledgement and enforcement of divorcejudgment mutually.