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总的来看,近十几年来,海峡两岸的民商事交往呈不断发展的趋势。两岸双方加入WTO、实现“三通”后。两岸的民商事交往将进一步扩大。随着两岸民商事交往的扩大和发展,必然会带来越来越多的两岸民商事法律冲突。从性质上看,两岸的民商事法律冲突属于“一个中国”原则下的特殊“区际法律冲突”。对于这种法律冲突,应本着“一国两制”的原则,立足于两岸政治、经济、社会等现实。寻求妥善的解决办法。
In general, in the past decade and more, the exchanges between people’s and commercial affairs on both sides of the Taiwan Strait have witnessed a continuous trend of development. Both sides of the strait join the WTO and achieve “three links.” Cross-Strait exchanges between civil and commercial affairs will be further expanded. As the expansion and development of exchanges between people and businesses on both sides of the strait will inevitably lead to more and more conflicts of laws on civil and commercial affairs across the Taiwan Strait. From a qualitative point of view, the cross-Strait civil-commercial law conflicts belong to the special “inter-regional legal conflicts” under the “one-China” principle. To this kind of legal conflict, we should base ourselves on the political, economic and social reality of both sides of the Strait with the principle of “one country, two systems.” Seeking a proper solution.