海峡两岸民商事司法协助的现状、面临的困境及其解决途径

自2009年两岸共同签署《互助协议》以来，祖国大陆与台湾区际司法合作与互助有了长足的进步，并取得了可喜的成效。但在具体实施过程中，还存在着经裁定认可的大陆判决无既判力、“两岸人民关系条例”适用范围窄、不认可大陆法院出具的离婚调解书、欠缺判决的认可与执行机制和两岸管辖权冲突的协调机制等。因此，有必要在不断充实和完善各自单边立法与共同签署的区际协议同时，解决调解协议的有效性和执行力问题，扩大两岸法院认可与执行民商事裁判的司法文书、明确管辖权范围，将不方便法院原则作为处理两岸民商事管辖权纠纷的重要制度，使得两岸区际民商事司法协助更顺畅。

The Current Situation and Dilemma of the Cross-Strait Judicial Assistance in Civil and Commercial Cases and Its Solutions

Since the cosigning of the Agreement of the Cross-Strait Joint Fight against Crimes and Mutual Legal Assistance in 2009, the mainland and Taiwan have made great progress and gratifying achievements in inter-regional judicial corporation and assistance. However, there still exist some new problems in the implementation of the Agreement which include no judg- ment of res judicata after China＇s mainland＇s decision by the Taiwan court approval, the narrow scope of the statute＇s application between the two sides, unrecognition of the divorce mediation document issued by the mainland courts and the lack of the rec- ognition of the judgment and enforcement mechanisms and of the jurisdiction conflict coordination mechanism on both sides of the Taiwan Straits. Therefore, it is necessary for both sides to try every possible means to find a solution to the validity and exe- cution of the mediation agreement at the time when we are working hard on the enrichment and improvement of the unilateral legislation and inter-regional agreement cosigned. At the same time, it is also essential that the recognition and enforcement of the civil judgment court＇s judicial documents be further expanded, the scope of jurisdiction be clarified, and the doctrine of fo- rum non convenience be enacted as an important legal system in dealing with Cross-Strait civil jurisdiction disputes in order to make the Cross-Strait interregional judicial assistance more smoothly.