Integrated development needs better cross-Strait judicial services

The Chinese mainland has introduced a document supporting Fujian province to explore a new path for cross-Strait integration and build a demonstration zone for that purpose, and 10 concrete measures will be implemented starting Jan 1, 2024. The integration has progressed with a set of entry-exit policies being introduced for Taiwan compatriots.

Improving cross-Strait judicial services will help lay a solid foundation for integrated cross-Strait development in all fields.

Organizations for ascertainment of cross-Strait laws in the Chinese mainland, such as the ones at China University of Political Science and Law and Xiamen University, have not been made full use of because small judicial bodies and parties seek law ascertainment through professional institutions.

A professional cross-Strait platform with open legal resources can play a very important role in cross-Strait cases considering the differences in the two sides' legal systems and the sensitivity and particularity in Taiwan-related cases.

Such a platform based on integrated development will make the ascertainment of Taiwan-related laws more open and transparent, reduce the risks of hidden errors in the ascertainment of the laws in Taiwan, and reduce misgivings of judicial personnel to improve judicial services for compatriots on both sides of the Taiwan Strait.

More importantly, the ascertainment of laws in Taiwan is for the resolution of China's domestic inter-regional legal disputes, which is different from the ascertainment of foreign laws, so China needs a unified open resource-sharing platform for cross-Strait law ascertainment.

Arbitration has more advantages in resolving civil and commercial disputes. As cross-Strait trade ties deepen, the demand for civil and commercial arbitration is rising.

The first Taiwan-related trade arbitration center on the Chinese mainland was established in 2009. Later, a milestone in cross-Strait civil and commercial arbitration — a cross-Strait arbitration center in the Pingtan Comprehensive Pilot Zone, Fujian province — was established in 2015.

Now the arbitral awards of the two sides can be recognized and implemented by each other. Furthermore, the circular provides policy support to the integrated development by allowing civil and commercial arbitration institutions from Taiwan to set up offices in Xiamen and operate arbitration related to Hong Kong, Macao and Taiwan. The establishment of civil and commercial arbitration offices in Xiamen will bridge the gap between arbitration rules across the Strait including designated agency, agreement, proceeding and award, and provide a reference for the subsequent cross-Strait judicial integration. The offices can also provide services to Taiwan compatriots in investment and entrepreneurship with more efficient arbitration.

Establishing pilots to improve Taiwan-related judicial services will promote cross-Strait integrated development. More efforts need to be made, including giving full play to judicial functions, meeting the demands of increasing and changing judicial services, expanding the coverage and influence of judicial measures to benefit Taiwan compatriots, enhancing the sense of judicial identity and gain of Taiwan compatriots, and providing a legal guarantee for improving the well-being of people on both sides of the Strait.

People on both sides of the Taiwan Strait belong to one and the same family. The improvement of Taiwan-related judicial mechanisms and services should make good use of the close ties in geography, blood, culture, trade, and administration, combine national policies and practical conditions, and be innovative in experiment.

Specific contents include exploring a unified jurisdiction system of Taiwan-related cases, clarifying the trial mechanism of new types of judiciary such as an internet judiciary for Taiwan-related cases, expanding the application of Taiwan-related public interest litigation, and deepening the protection of common legal interests across the Strait.

Other steps to be taken include expanding solicitor practice scope for Taiwan residents in Fujian with professional qualifications for the Chinese mainland, improving communication channels between the government and enterprises, and strengthening cross-Strait law enforcement, judicial cooperation and judicial exchanges.

To advance regional integration and cohesion based on economic and trade cooperation and people-to-people exchanges, better judicial services can help promote cross-Strait integrated development.

The author is a lecturer at the College of Marine Culture and Law, Jimei University. The views don't necessarily reflect those of China Daily.