To protect the legitimate rights and interests of the parties across the Taiwan Strait, and to better adapt to the new situation of peaceful development of cross-strait relations, according to the Civil Procedure Law and other relevant laws, summarize people's court trial work experience related to Taiwan, the Taiwan district court recognition and enforcement of civil judgments, to develop this provision.
The first party of Taiwan District Court civil judgment may be based on this provision, as the applicant to the people's court for recognition and enforcement of civil judgments relating to court in Taiwan.
Article The term Taiwan District Court civil judgment, including the entry into force of a civil judgment Taiwan court, ruled that transcripts reconciliation, mediation record, payment orders.
Endorsement of the application of a final judgment in civil damages Taiwanese district court made in criminal cases, ruled that transcripts of the settlement, the application of this provision.
Apply for accreditation issued by the Taiwan townships Conciliation Commission and approved by the district court in Taiwan, and Taiwan District Court civil judgment has become effective mediation instrument of the same effect, with reference to the application of this provision.
The third applicant also proposed to apply for recognition and enforcement of judgments in civil court in Taiwan, the people's court to be reviewed in accordance with approved procedures, after the ruling recognized the People's Court executed by the implementing agencies.
Applicants apply directly executed by the people's court shall inform one and submit an application for recognition; insist on not to apply for recognition, the court rejected the application.
Taiwan District Court for recognition of civil judgments fourth case, the applicant has his domicile, habitual residence or domicile of the applicant, habitual residence, property is located intermediate people's court or special people's courts accepted.
Applicants to two or more people's courts have jurisdiction to apply for recognition under the jurisdiction of the People's Court of first filing.
Applicants to the location of the property by the People's Court to apply for recognition of the applicant should provide evidence of the existence of property.
Article V of the application for recognition of Taiwan District Court civil judgment cases, the people's court shall form a collegial panel to review.
Article applicant commissioned agent in Taiwan to apply for recognition of civil court judgments, shall be submitted by the principal of a power of attorney signed or sealed to the people's court.
Taiwan, Hong Kong SAR, Macao SAR or foreign parties signed or sealed power of attorney shall fulfill the relevant notarization, authentication or other certification procedures, but signed a power of attorney or notarized by the Chinese mainland witnessed by the People's Court judges notary public proved to be the exception in mainland China has signed.
Article applicant recognized Taiwan District Court civil judgment, it shall be submitted, together with the relevant court documents and Taiwan civil judgments in civil judgment original certificate or certified true copies. Taiwan District Court civil judgment for the default judgment, the applicant shall submit a Taiwan court documents have been legally summoned the parties, but the decision has been explicitly stated this to be the exception.
The application shall clearly state the following:
(A) The applicant and the applicant's name, sex, age, occupation, ID number, address (the applicant or the applicant is a legal entity or other organization shall specify the legal person or other organization name, address, legal representative or the person responsible for the name, title) and communication;
(B) the request and the reasons therefor;
Implementation (c) to apply for recognition of the judgment;
(4) other circumstances should be noted.
To comply with the provisions of Article VIII apply Article and Article VII of the conditions, the people's court should be filed within seven days after receiving the application and notify the applicant and the respondent, while the application to the respondent; does not comply with the provisions of Article IV and VII of the specified conditions, it should be ruled inadmissible within seven days, while the reasons for inadmissibility; applicant who is dissatisfied, you can appeal.
Article 9 An applicant applying for recognition of Taiwan District Court civil judgment, should provide the relevant supporting documents to prove that the decision has been real and effective.
Applicants can apply to court to identify the authenticity and whether the entry into force and the parties legally summoned the documents in civil court judgment Taiwan Strait investigation by way of mutual legal assistance; the people's court deems it necessary to be on the matter ex officio by way cross-strait mutual legal assistance request to the Taiwan investigation.
After Article 10 The people's court accepts the Taiwan District Court approved an application before the civil judgment or, in accordance with the provisions of the Civil Procedure Law and relevant judicial interpretations, according to the applicant's application, ruling to take protective measures.
After Article 11 The people's court accepts an application for recognition of Taiwan's Court civil judgment, the parties to the same dispute prosecution inadmissible.
After the party the people's court, the other party to the people's court for recognition, for recognition of the application inadmissible.
Article XII of the case despite the relevant court ruling in Taiwan, but the parties have not applied for accreditation, but the same dispute to the court of the people, should be accepted.
Article 13 before the people's court accepts an application for recognition of Taiwan's Court civil judgment, ruled that the applicant's request to withdraw the application, you can order granting.
Article 14 The people's court accepts recognize Taiwan District Court civil judgment application, shall within six months from the date of filing the case concluded. There are special circumstances requiring extended, next higher people's court for approval.
During the service of documents and investigation of cross-strait mutual legal assistance by the way, are not included in the review period.
