Monday 7 February 2011

Taiwanese compatriot is the residents of Chinese special region


The core is the law that is each kind of to wade the set people company matter case to apply a problem
《Rules 》 total 3, mainly solve court of the people to take up the law that every variety wades the set people company matter case to apply a problem, also made to the code of civil procedures Lyu position of Taiwan the party concerned at the same time explicit rules.
The 《rulesing 》 Article 1 is the core contents of the judicial explanation, definitely stipulated to wade the law of the set people company matter case to apply a problem.According to the Section 1, the court of the people takes up to wade a set a people company matter case, should apply the relevant rules of law and judicial explanation, and win election to choose the entity method that the rule assurance of applying the law should apply according to the law and the judicial explanation.The entity method spoken includes cross-straits law, and includes other laws concerning nation or region here.The Section 2 is further explicit, court of the people can explain to win election to choose the rule of applying the law according to the law and the judicatory, make sure the entity method should applying for the case Taiwan law, and apply.At the same time, 《rules 》 third regulation rule settle, apply should relevant the law can not breach the basic principle of national law and can not injure a social public benefits.The in what"choose the rule that applies law" point is according to apply of concern foreign affairs people is company to matter to the law fastenning to apply rule, also then conflict norm, include the civil Yves Saint Laurent Tribute Platform Sandals Blue law general rule chapter 8 and the Standing Committee of the National Jimmy Choo Satin Diamante Platform Sandals Black People is Congress to pass this year of concern foreign affairs a civil case relation the law apply a method the contents of etc. rules.The court of the people applies Taiwan civil case law and carefully handles the practicality way of doing that the law applies a hard nut to crack, practical maintenance cross-straits party concerned proper rights from the judicial angle.《Rules 》 the code of civil procedures Lyu position of Article 2 to Taiwan the party concerned did to emphasize.Stipulate according to the code of civil procedures, the litigation right of the party concerned is as equal as obligation, the foreigner also possesses the litigation right of Chinese citizen is equal in the litigation the obligation is together.Taiwanese compatriot is the residents of Chinese special region, certainly have in the litigation and the litigation right and obligation of mainland the party concerned equal.In the judicial fulfillment, the court of the people is also consistent persistence equal protection the litigation right of everyone is the party concerned including Taiwanese compatriot.

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