2024年9月11日,由海峽兩岸關係法學研究會主辦的「第九屆兩岸和平發展法學論壇」在北京順利舉行。本屆論壇研討議題涵蓋兩岸融合發展、兩岸民間交流及兩岸法律服務合作三個面向,吸引了兩岸法學界百餘位專家學者及實務界人士參加。
On September 11, 2024, “The 9th Cross-Strait Peace and Development Legal Forum” organized by The Law Association for Relations Across the Taiwan Straits (LARATS) was conducted successfully in Beijing. As Forum topics covered three aspects, namely cross-strait integrated development, private sectors exchanges and legal service cooperation, this year's Forum attracted the participation of over 100 legal experts, scholars and practitioners from the both sides of the Taiwan Strait.
2012年以來,兩岸和平發展法學論壇已成為為兩岸專家學者加強法學交流合作的重要平台。「海研會」於新冠疫情過後,把中斷5年的「兩岸和平發展法學論壇」推向第九屆,並邀請本會吳永乾理事長、臺灣法學研究交流協會潘維大理事長、海峽兩岸關係法學會張鳴起會長及國臺辦法規局張萬明局長共同在開幕式致辭。
Since 2012, The Cross-Strait Peace and Development Legal Forum has become a significant platform where legal experts and scholars from the two sides of the Taiwan Strait seek to strengthen bilateral exchanges and cooperation. Due to the Covid-19 pandemic, The Cross-Strait Peace and Development Legal Forum had been suspended for five years. In 2024, the LARATS resumed for the first time the 9th Forum and invited CAA Chairman Dr. Joe Y. C. Wu for delivering Opening Remarks. In addition to Chairman Wu, other delegates who made remarks at the Opening Ceremony included Law Research Exchange Association of Taiwan Chairman Wei-Ta Pan, LARATS President Ming-chi Zhang and Taiwan Affairs Office of the State Council Legal Administration Director Wan-ming Zhang.
張鳴起會長及張萬明局長,均對於兩岸和平發展法學論壇有效增進兩岸法界專業人士的交流合作表示肯定,期望為推動兩岸和平發展及促進經貿合作共同努力及傳承。張萬明局長特別提及廈門海絲法務區為兩岸法制交流搭建完善平臺,可望加強兩岸仲裁機構交流合作,並完善涉台法律服務。
Both President Zhang and Director Zhang recognized the efforts by The Cross-Strait Peace and Development Legal Forum to effectively enhance the exchange and cooperation between legal professionals across the Taiwan Strait. They also hoped that the legal communities of the two sides can join hand to foster cross-strait peace and development as well as economic and trade cooperation. In particular, Director Zhang mentioned that the Maritime Silk Road Central Legal District in Xiamen has established a comprehensive platform for cross-strait legal exchanges. It is expected not only to strengthen the exchanges and cooperation between arbitration institutions across the Taiwan Strait, but also to expand the coverage of Taiwan-related legal services.
潘維大理事長回顧過去30多年兩岸法學交流歷程,他表示自1992年起,兩岸法學交流由大學首開先河,雖然經歷各種障礙與高低起伏,但卻採取相應舉措有效克服困難,他期望兩岸關係朝向長久和平發展,勉勵與會者繼續共同努力。
Chairman Wei-Ta Pan reviewed the history of cross-strait legal exchanges over the past 30 years. He said that beginning from 1992, cross-strait legal exchanges were pioneered by universities. Although there have been various obstacles and ups and downs along the way, corresponding measures have been taken to effectively overcome the obstacles. He hoped that cross-strait relations will move towards long-term peace, and encouraged participants to continue working together.
本會吳永乾理事長致詞時強調,仲裁機構在促進兩岸法學交流中扮演重要角色。仲裁是當事人合意選擇利用的訴訟外爭端解決機制,其最大特色就是跨越疆界與法域,它的有效運作和普及推動,非常需要不同仲裁地之間相關法制的兼容並蓄,這正好也是兩岸融合發展的必經之路。其次,仲裁機構的本質,是一種人民團體;本屆論壇所探討的三個議題,都與兩岸和平發展的目標息息相關,非常值得深入討論及形成共識。
In his remarks, CAA Chairman Joe Y. C. Wu emphasized the vital role the arbitration institutions play in fostering cross-strait legal exchanges. Arbitration, as a consensual alternative dispute resolution mechanism, operates across borders and jurisdictions. Its effectiveness and widespread use depend upon the compatibility of the legal systems in different seats of arbitration. This is especially important for the convergence of legal systems on both sides of the Taiwan Strait. Chairman Wu also noted that arbitration institutions are non-governmental organizations, further highlighting their unique position. The three topics discussed at this Forum are closely tied to the goal of peaceful development across the Taiwan Strait and merit in-depth exploration to build a consensus.
開幕式後,吳理事接受媒體專訪時談及,此一論壇主要是為促進兩岸法制融合及人民權益保障等法學議題的意見交流,而仲裁就是兩岸法制融合發展很好的實踐。兩岸在仲裁領域的發展各有所長,臺灣仲裁機制的發展雖較大陸為早,惟商務仲裁在大陸的發展卻是後發先至,成果相當可觀,許多方面值得臺灣借鏡。在兩岸仲裁法制融合方面,海協會和海基會於2009年4月共同簽署「海峽兩岸共同打擊犯罪和司法互助協議」,明確約定兩岸法院基於互惠原則,應相互認可及執行民事確定判決與仲裁判斷(裁決)。2012年又簽訂「海峽兩岸投資保障和促進協議」,明文鼓勵兩岸人民和企業在商務契約或貿易合同中納入仲裁條款。這兩個協議結合了兩岸法院實務見解的趨同,對兩岸法制的融合發展起了示範作用。
During a media interview following the Opening Ceremony, Chairman Wu stated that the Forum aims to facilitate discussions on legal issues, including the convergence of cross-strait legal systems and the protection of individuals' rights and interests. In this context, arbitration serves as an effective practice for integrating and developing of cross-strait legal systems. Both sides of the Taiwan Strait possess unique strengths in their arbitration development. While Taiwan's arbitration mechanism was established earlier than that of the Mainland, the Mainland has made significant achievement in commercial arbitration. Therefore, Taiwan can benefit from learning from the Mainland in various areas. Regarding the integration of cross-strait arbitration laws, the Association for Relations Across the Taiwan Strait (ARATS) and the Straits Exchange Foundation (SEF) signed the "Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement" in April 2009. The Agreement clearly stipulates that courts on both sides of the Taiwan Strait should mutually recognize and enforce the final judgements of civil litigations and arbitral awards based on the principle of reciprocity. In 2012, the "Cross-Strait Investment Protection and Promotion Agreement" was signed, which explicitly encourages individuals and enterprises on both sides to include arbitration clauses in their business and trade contracts. Together, these two Agreements facilitate the convergence of courts' practices across the Taiwan Strait and serve as a model for the integration of cross-strait legal systems.
第九屆兩岸和平發展法學論壇
The 9th Cross-Strait Peace and Development Legal Forum