随着两岸民商事交往的频繁与发展,与两岸人员往来、经贸投资密切相关的民商事纠纷大量发生。由于此类争议涉及两岸不同的地区,可能出现就同一争议两岸法院均可主张管辖的局面,由此形成两岸民事平行诉讼(Parallel Litigation in Civil Proceedings)。平行诉讼的发生虽然有其一定的合理空间,但另一方面又存在损害当事人利益及浪费司法资源等极大的不合理性,有必要加强研究,并着力予以解决。 With the frequent contacts and exchanges between civil and commercial affairs on both sides of the strait, disputes between civil and commercial affairs that are closely related to economic and trade investments have taken place in large numbers with people from both sides of the Strait. Since such disputes involve different areas of the two sides of the Taiwan Strait, the situation may arise in which courts of both sides of the Taiwan Strait may claim jurisdiction over the same dispute, thus forming the Parallel Litigation in Civil Proceedings. Although parallel litigation has its own reasonable space, on the other hand, there is great irrationality such as undermining the interests of the parties and wasting judicial resources. It is necessary to strengthen the research and make every effort to solve it.