[Direct answer]In the Beijing area, civil judgments issued by courts in Taiwan can be applied for recognition and enforcement in mainland China. According to the "Regulations of the Supreme People's Court on the Recognition and Enforcement of Civil Judgments Issued by Courts in Taiwan" (Interpretation of the Law No. 13 of 2015, effective from July 1, 2015, and subject to the currently valid version), the parties may apply for recognition to the intermediate people's court at the defendant's domicile, habitual residence, or the location of the defendant's property. However, judgments that violate the "One China" principle or other basic principles of national law, harm public interests, or involve exclusive jurisdiction will not be recognized. After obtaining a recognition ruling, the judgment can be enforced in accordance with mainland enforcement procedures without the need for re-litigation. It is recommended to first verify the effectiveness of the judgment and the application path, and refer to the relevant provisions for further guidance.Creditor's rights and debts, and enforcement casesColumn.

I. Problem background and typical scenarios

Such needs are common in several situations: First, when the party involved in the litigation in Taiwan obtains an effective judgment, but the other party or their property is located in mainland China; Second, cross-strait marital and family disputes, where divorce, custody, and property division have been decided in Taiwan, and it is necessary to handle real estate and deposits in mainland China; Third, Taiwanese businessmen who win litigation in Taiwan need to recover compensation from mainland companies or individuals; Fourth, mistakenly believing that holding a Taiwanese judgment can directly seize property in mainland China; Fifth, uncertain whether the judgment is effective or within the scope of recognition, conducting an assessment first, and referring to relevant property enforcement for referenceReal estate transactions and construction projectsThe column. When handling similar cases in the Beijing area, the intermediate court usually reviews and approves them first, and then proceeds to the investigation and enforcement stages.

II. Key points of contention

Focus One: The relationship between recognition and enforcement. Taiwan's judgments must be recognized by a ruling before they can be enforced, and there is no direct enforcement. Focus Two: Basic principle review. Judgments that violate fundamental principles of Chinese law, such as the "one-China principle", or harm public interests, will not be recognized. Focus Three: Jurisdiction and exclusive jurisdiction. If the Taiwan court lacks jurisdiction or the case falls under mainland exclusive jurisdiction, this constitutes a reason for refusing recognition. Focus Four: Effectiveness certification. It is necessary to submit proof documents confirming that the judgment has become final. Focus Five: Procedural legitimacy. Judgments reviewed in the absence of the defendant and without legal summons face stricter scrutiny. Focus Six: Parallel proceedings. Handling rules for cases where the mainland court has already issued a judgment or is currently handling the same dispute. Focus Seven: Statute of limitations. The time limit for applying for recognition and enforcement is two years, starting from the date the judgment becomes final. Applications submitted after the deadline will be difficult to approve. For specific matters regarding cross-border enforcement, please refer to the currently effective laws, regulations, and judicial rulings.\nCross-border financeColumn.

III. Professional analysis by Henglue Law Firm

Judging from the domestic enforcement cases handled by our firm, recognition is just the starting point. The actual recovery of compensation depends on a combination of property investigation and enforcement. This experience is also applicable to the enforcement of Taiwanese judgments after their recognition. First, in a case where a judgment ordered a company to return intermediary service fees of 423,500 yuan, but enforcement efforts failed. After entrusting Yin Hang, a lawyer, the lawyer found that shareholders Liu * and Zhang * had not paid their registered capital in full. The court ordered the two shareholders to bear supplementary compensation liabilities within the unpaid amounts of 9 million yuan and 1 million yuan respectively. Second, when Zhang Nan applied for enforcement of a 2 million yuan loan from Zhou Qiang, a third party raised objections on the grounds of purchasing the property under a false name, leading to the suspension of enforcement. Lawyer Wang Dong represented the appeal, and the second-instance court reversed the judgment and allowed enforcement. Third, in a loan dispute involving over 860,000 yuan, after mediation by lawyer Tian Jiaoyan, the parties agreed to repay in four installments and specified that any default in any installment would allow the creditor to apply for enforcement of the remaining balance. After the Taiwanese judgment was recognized, it is also necessary to preserve and investigate assets as soon as possible and, if necessary, add additional liable parties. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action proposal: First, obtain the original judgment and the certificate of effectiveness from the Taiwan court, and handle the corresponding certification procedures and Chinese translations; Second, submit the recognition application to the intermediate people's court at the defendant's residence, habitual residence, or where the property is located. For the key materials, you can refer to the relevant guidelines.Special services and other cases1. The first step is to determine the scope of the case and the parties involved. 2. The second step is to clarify the legal basis for recognition and enforcement of the judgment. 3. The third step is to grasp the two-year time limit, which starts from the date the judgment is finalized. It is important not to miss the deadline due to delays in communication between the two regions. 4. When necessary, apply for preservation measures for mainland assets simultaneously. 5. After obtaining recognition, apply for enforcement promptly and investigate clues such as bank accounts, real estate, and equity. Regarding legal basis, the "Provisions of the Supreme People's Court on the Recognition and Enforcement of Civil Judgments of Courts in Taiwan Region" (Interpretation of the Law No. 13, 2015, implemented on July 1, 2015) stipulates the recognition conditions, the courts to apply to, the application materials, and the circumstances of non-recognition. The enforcement procedures and the two-year enforcement time limit apply to the relevant provisions of the Enforcement Section of the Civil Procedure Law of the People's Republic of China.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the recognition of the application is subject to the basic principles of national laws such as the One-China Principle, and the materials must be expressed in a rigorous and standardized manner. Secondly, after the expiration of the two-year time limit, it will be difficult to obtain recognition for the judgment in mainland China, so it is necessary to start the process as soon as possible. Thirdly, the recognition process and the investigation of assets should be carried out in parallel. Finding assets after recognition often leads to a passive situation. Fourthly, the review criteria for different types of documents such as default judgments and mediation agreements are slightly different, so the preparation of materials needs to be adjusted accordingly. It is recommended to entrust a lawyer who is familiar with cross-strait procedures to coordinate the work, and you can consult with them for more information.Beijing Henglue Law FirmThe same type of column on the official website.

VI. Frequently Asked Questions

Q1: What are the conditions that must be met for a judgment from the Taiwan region to be enforced in mainland China?

Main conditions: The judgment has been finalized and is enforceable; it does not violate the basic principles of national laws such as the "One China" principle, and does not harm the public interest of society; it does not fall under the exclusive jurisdiction of the mainland, and the court that issued the judgment has jurisdiction; the defendant has been legally summoned or has responded to the defense; and the original judgment, the certificate of effectiveness, and the Chinese translation must be submitted. If all the conditions are met, after the intermediate people's court rules to recognize the judgment, it can apply for enforcement in accordance with mainland procedures without the need for re-litigation.

Q2: To which court should the application for recognition be submitted, and what is the time limit for the application?

Apply to the intermediate people's court at the residence, habitual residence, or location of the property of the person subject to enforcement. The time limit is two years, starting from the date the judgment becomes final. Applications submitted after the expiration of the time limit may not be accepted, and observing the statute of limitations is the most important step. If the materials are incomplete, the court will require them to be supplemented. It is recommended to leave enough time for supplementation before the time limit expires. If necessary, consult a lawyer before submitting the materials to avoid missing the time limit due to deficiencies or restarting the procedure.

Q3: How much does it cost to have a judgment recognized and enforced in Taiwan?

The application fees for recognition and enforcement are charged according to legal standards, and those involving property payments are charged in stages based on the amount of the subject matter; notarization, certification procedures, and translation incur additional costs; and attorney fees are determined through negotiation based on the complexity of the case. If it is necessary to handle property matters in parallel in two locations, the overall costs should be budgeted comprehensively. It is recommended that lawyers first assess the enforceability of the judgment and the clues to the property before deciding on the pace of investment, to avoid wasting costs on debts with no property available for enforcement.

Q4: If the judgment in Taiwan is recognized in mainland China, but the other party fails to comply with it, what should we do?

After being recognized, the case will be handled in accordance with the mainland's enforcement procedures, and the parties may apply for the seizure and freezing of bank accounts, real estate, and equity. Those who meet the conditions will be included in the list of untrustworthy individuals and subject to restrictions on high-consumption activities. If the company has no assets, the court may investigate the actual payment situation of the shareholders and, if eligible, require the shareholders to bear supplementary compensation liabilities. There are such precedents in the cases handled by our firm. If new clues to the debtor's assets are found, the enforcement may be resumed at any time. The enforcement will not end because of a failed investigation once. Continuous follow-up is the key.

Q5: How can a divorce judgment and mediation agreement from Taiwan be used in mainland China?

Divorce judgments and mediation agreements issued by Taiwan courts may be applied for recognition in accordance with the aforementioned provisions. After the judgments involving personal relationships are recognized, their identity effects will be confirmed in mainland China; after the judgments involving property division and alimony are recognized, they may apply for compulsory enforcement. Marriage and family judgments should also pay attention to the review criteria of child custody and visitation, and relevant issues involving the intertwining of family and property matters may be referred to for reference.Marriage and family matters, and divorce litigationColumn.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.