论文部分内容阅读
随着海峡两岸经济交流的日益密切,涉台商事纠纷不断增加。近三年从G市Y区法院来涉台商事审判的实践看,司法文书送达难、委托调查取证难、证据审查认定难已经成为制约涉台商事审判发展的瓶颈。如何进一步完善相关制度安排,以更为公正、高效地审理涉台商事案件,成为当前理论界和实务界的一个重要课题。本文试图通过对G市Y区法院2011~2013年涉台商事审判进行实证分析,梳理目前涉台商事审判存在的主要问题,以涉台审判的最新理论成果为指导,结合现行的法律规范和工作指引,并参考国外的相关立法例展开分析研究,同时,还对兄弟法院在电子送达等方面的改革成果进行了比较借鉴后,从四个方面提出改进和完善的对策建议。
As the economic exchanges across the Taiwan Strait have become increasingly close, commercial disputes involving Taiwan have been steadily increasing. In the recent three years, from the practice of Y district court in G city to commercial trials involving Taiwan, judiciary documents are hard to come by, and it is difficult to entrust investigation and evidence collection. It has become a bottleneck restricting the trial development of commercial and commercial trials involving Taiwan. How to further improve relevant institutional arrangements in order to hear more and more commercial cases involving Taiwan has become an important issue for the current theoretical and practical circles. This article tries to make an empirical analysis of the trial of commercial affairs involving Taiwan in Y district court of G city from 2011 to 2013, and to sort out the main problems that exist in commercial trials involving Taiwan in the present. Guided by the latest theoretical achievements concerning the trial of Taiwan, combining the current legal norms and work Guidelines and reference to relevant foreign legislation to carry out analysis and research, at the same time, the court also made a reference in the electronic delivery of the results of the reform, from four aspects to improve and perfect the countermeasures.