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由于海峡两岸分属两个不同的法域,区际司法协助已成为现实而紧迫的问题。虽然我国已有成功的司法协助方式,虽然我国已有关于司法协助的经验,但这些经验仅能为海峡两岸区际司法协助提供借鉴而已,两岸间司法协助的方式仍然需要探索。本文从区际司法协助角度出发,分析和探究海峡两岸民商事司法协助的现状及存在的难点,研究如何建构我国的区际司法协助制度。
Since the two sides of the Taiwan Strait belong to two different jurisdictions, interregional mutual legal assistance has become a real and pressing issue. Although there is already a successful mode of mutual legal assistance in our country, although our country has experience of mutual legal assistance, these experiences can only provide reference for regional inter-regional mutual legal assistance. The ways of mutual legal assistance between the two sides still need to be explored. From the angle of inter-regional judicial assistance, this article analyzes and explores the current situation and existing difficulties of judicial assistance to civil and commercial affairs on both sides of the Taiwan Straits, and studies how to construct the inter-regional judicial assistance system in our country.