| 摘要: | 現今兩岸四地（台灣、大陸、香港及澳門）間之交流頗為頻繁，所衍生之法律問題數量亦相當可觀，因此產生民事司法協助（文書送達、調查取證及判決認可與執行）之需求，但兩岸四地由於諸多因素之影響，例如政治、法制度與歷史發展等，導致兩岸四地對於相互之關係出現認知上之差異，有主張國與國關係者，亦有主張一國數法域者。在此一特殊關係下，兩岸四地之司法協助係如何進行，實極具討論分析之必要。
本論文將從兩岸開放探親、財團法人海峽交流基金會（海基會）與海峽兩岸關係協會（海協會）之設立及香港澳門回歸前後之法規演變與實務運作模式進行探討，並從現今兩岸四地間已達成之民事司法互助協議及相關立法中，找尋相關待改進之處，最終參考外國之立法，提出未來兩岸協議簽訂應著重之點，以及應修正之立法內容。
With the frequent interactions between Taiwan, Mainland China, Hong Kong, and Macau in recent years, a number of legal issues have developed. In order to resolve those issues, attention should be placed on the following essential areas: Judicial Assistance in Civil Matters, including the servicing of documents, interregional conflict of laws, as well as the recognition and enforcement of judgments. However, there are many different interpretations regarding the mutual relationships when dealing with those legal issues. It is evident that the main factors causing the differences are politics, law regulations, and historical development. Therefore, some argue for the importance of interstate agreements, while others prefer jurisdictions in one country. Under this special relationship, therefore, it is necessary to discuss and analyze how Judicial Assistance areas can cooperate with one another.
This thesis covers relatives visiting on both sides, the establishment of SAF (Straits Exchange Foundation) and ARATS (Association for Relations across the Taiwan Straits), and the development and enforcement of laws in Hong Kong and Macau both before and after they became part of China. The thesis will also examine potential improvements regarding the agreement of mutual legal assistance approved by the four parts, and some other related laws as well. Finally, after taking foreign legislation as a reference, it will point out some agreements that both sides should follow, and modify the contents if necessary. |
