catalogue

（1） Delivery of documents case

1. 64 courts in Fujian jointly assisted two levels of courts in Taiwan in delivering documents

2. Case of Xihu District Court in Nanchang, Jiangxi Assisting Nantou District Court in Delivery of Documents in Taiwan

3. Case of Heilongjiang High Court Assisting Taiwan's Kaohsiung Youth and Family Court in Service of Documents

4. Guangdong Dongguan Intermediate People's Court Assisted Taiwan's New Taipei District People's Court in Delivering Documents

5. Case of Fujian Fuzhou Intermediate People's Court Requesting Taiwan Court to Assist in Service of Documents

（2） Investigation and evidence collection cases

6. Beijing Heiyu Guangdong Court Assists Taiwan Taichung District Court in Investigating and Obtaining Evidence in a Fraud Case

7. Shanghai Suqiong Court Assisted Taiwan Taichung District Court in Investigating and Collecting Evidence on a Request for Distribution of Remaining Property

8. Beijing High Court Assists Taiwan High Court in Investigating and Obtaining Evidence on a Damage Compensation Event

9. Fujian Putian Intermediate Court Assists Taiwan Shilin District Court in Investigating and Obtaining Evidence in a Fraud Case

10. Sichuan Chengdu Intermediate People's Court Assists Taiwan's Kaohsiung Youth and Family Court in Investigating and Obtaining Evidence in a Divorce Case

11. Inner Mongolia Baotou Intermediate People's Court requested the Taiwan Court to assist in the investigation and evidence collection of a housing sales contract dispute

（3） Cases of transferring criminal and stolen goods

12. Case of Shaanxi Xi'an Intermediate People's Court Returning Property to Two Victims in Taiwan, including Lin

13. Case of Guangdong Dongguan Intermediate People's Court Returning Property to 17 Victims including Chen in Taiwan

（4） Judgment recognition and enforcement of cases

14. Lin applied to Suzhou Intermediate People's Court in Jiangsu Province for recognition of the civil judgment of Taiwan Shilin District Court

15. Kang applied to the Chongqing Fifth Intermediate People's Court for recognition of the civil judgment of the Kaohsiung District Court in Taiwan

Case 1

64 Courts in Fujian Jointly Assist Two Levels of Courts in Taiwan in Delivering Documents

——Involving 602 recipients and delivery of over 1200 judicial documents

（1） Request Items

At the end of April and July 2014, the contact person of the High people's court of Fujian Province for the cross-strait mutual legal assistance agreement received the letter of request for service of more than 1200 judicial documents submitted by the contact person of the agreement of the competent legal department in Taiwan in two batches, requesting assistance in the service of more than 1200 judicial documents to the Taichung District Court of Taiwan in 2013, No. 3583, and the Taichung Branch of the Taiwan High Court in 2014, No. 639 Second instance criminal judgment.

（2） Handling status

The series of cases involving the delivery of documents involves 602 recipients distributed in 64 counties and cities in Fujian Province, involving a total of over 1200 judicial documents delivered in the first and second instance. In order to complete the document delivery work in the shortest possible time, judges of the Fujian High Court worked overtime to verify judicial documents case by case, and identified 64 grassroots courts for specific assistance, completing the transfer in a timely manner. After receiving the materials, each assisting grassroots court shall file the case on the same day, deliver it as soon as possible, and provide feedback as soon as possible. The highest number of assisted grassroots courts involved in the case require the delivery of 132 documents. Due to the large population mobility, many of the recipients' registered residence is not consistent with their regular residence, which makes it difficult to complete the service at one time. In addition, some of the recipients have exclusion feelings such as "being disgusted with litigation" and legal misconceptions such as "signing for is recognition". The difficulties encountered in the process of document service were unexpected, but ultimately, all the assisting courts in the province successfully completed the assisted service through full cooperation and joint efforts. The successful delivery rate of this series of judicial mutual assistance cases reached 73%, with an average delivery time of 15 days, which is 75 days shorter than the three-month time limit determined in the cross-strait judicial mutual assistance agreement.

Case 2

Case of Xihu District Court in Nanchang, Jiangxi Assisting Nantou District Court in Delivery of Documents in Taiwan

——9 assisted deliveries to the same recipient

（1） Request Items

From July 2, 2013 to February 10, 2015, the contact person of the High people's court of Jiangxi Province in the cross-strait mutual legal assistance agreement has received the letter of request for service from the contact person of the agreement of the competent legal department in Taiwan for nine times, requesting assistance in the service of the land ownership transfer registration and other events of the Nantou District Court in 2013, the cancellation of the disposal event in 2014, etc Judicial documents such as judgments shall be delivered to the same recipient, mainland resident Wang.

（2） Processing results

The Jiangxi High Court transferred the case to the People's Court of Xihu District, Nanchang City for assistance according to the address of the addressee provided by Taiwan. The delivery personnel have directly delivered the same recipient, Wang, 9 times. Among them, delivery was successfully completed four times in 2013, three times in 2014, and two times in 2015.

Case 3

Heilongjiang High Court Assists Taiwan Kaohsiung Juvenile and Family Court in Delivering Documents

——Try your best to find the outgoing recipient

（1） Request Items

On August 1, 2013, the contact person of the High people's court of Heilongjiang Province for the cross-strait mutual legal assistance agreement received a letter of request for service from the contact person of the legal department in charge of Taiwan, requesting assistance in serving the court notice and civil petition of divorce event No. 406 [2013] of the Kaohsiung Juvenile and Family Court in Taiwan to the mainland resident Ai.

（2） Handling status

The Heilongjiang High Court promptly forwarded the relevant materials to the Xiangyang District Court of Jiamusi City for assistance. During the delivery process, the Xiangyang District Court found that the recipient had left the delivery address provided by the Taiwan side and relocated to Shanghai, and there was no legal representative of the recipient to receive the service at that address. After learning about the above situation, Heilongjiang High Court, adhering to the spirit of making every effort to assist, began to search for the recipient's address and contact information in Shanghai multiple times among people familiar to the recipient. Finally, we obtained their mobile phone number from a classmate of the recipient and contacted them. Considering that it has taken a considerable amount of time to search for the recipient of the service, in order to improve efficiency and reduce turnover, the Heilongjiang High Court decided to directly use the court's express delivery method to serve the relevant documents at the address notified by the recipient in Shanghai as the actual delivery address. The documents were ultimately successfully delivered on November 13, 2013.

On January 3, 2014, the contact person for the Cross Strait Judicial Mutual Assistance Agreement of the Heilongjiang High Court once again received a request for service of documents from the contact person for the agreement from the legal department in Taiwan, requesting assistance in delivering the divorce notice and civil ruling of the 2013 Marriage No. 406 of the Kaohsiung Youth and Family Court to the recipient. The Heilongjiang High Court adopted the same service method and successfully delivered it on January 11, 2014.

Case 4

Guangdong Dongguan Intermediate People's Court Assisted Taiwan's New Taipei District People's Court in Delivering Documents

——Despite unknown address, we tried our best to cooperate and successfully delivered the package

（1） Request Items

On May 6, 2014, the contact person of the High people's court of Guangdong Province for the cross-strait mutual legal assistance agreement received the letter of request for service from the contact person of the legal department in charge of Taiwan, requesting assistance in serving the judgment of the New North District Court of Taiwan on the return of arrears (2010 Annual Action No. 179) to the mainland resident Zeng.

（2） Handling status

The Guangdong High Court promptly forwarded relevant materials to the Intermediate people's court of Dongguan City for assistance. After receiving the materials, Dongguan Intermediate People's Court will immediately deliver them directly to the delivery address provided by the Taiwan side. But upon arrival at the address, it was discovered that the file had been transferred and was no longer operated by Zeng. The presiding judge inquired with the current business operator and consulted with nearby merchants and mall management offices for several consecutive days. After the court led multiple efforts to search, he finally obtained the contact number of Mr. Zeng. After getting in touch, we learned that Zeng's current business address is in Luogang District, Guangzhou City. In order to complete the delivery as soon as possible, reflecting the principles of efficiency and convenience, the presiding judge of the Dongguan Intermediate People's Court directly went to Guangzhou to find Zeng. After confirming his identity, he directly delivered the relevant documents to Zeng on June 16, 2014.

Case 5

Case of Fujian Fuzhou Intermediate People's Court Requesting Taiwan Court to Assist in Service of Documents

——Taiwan Court Assists Mainland Court in Successfully Delivering Service

（1） Request Items

On July 2, 2013, the contact person of the High people's court of Fujian Province for the cross-strait mutual legal assistance agreement sent a letter of request for service of documents to the contact person of the competent legal department in Taiwan, requesting assistance in delivering the documents to Taiwan residents Guo XX, Ni XX and Qiaofu Plastic (Fuzhou) Co., Ltd. to the plaintiff Ni XX v. the defendant Guo XX accepted by Fuzhou Intermediate people's court The notice of response, copy of indictment, copy of evidence, notice of adducing evidence, notice of members of the Judicial panel, confirmation of address for service, subpoena for hearing and other relevant judicial documents of the case of equity transfer contract dispute between Ni and the third person Qiaofu Plastic (Fuzhou) Co., Ltd.

（2） Processing results

The Taichung District Court in Taiwan promptly completed the delivery to three recipients based on the address provided by the Fuzhou Intermediate Court, including direct delivery to two defendants and deposit delivery to one defendant. In this case, two defendants submitted power of attorney, defense, and evidence materials to the Fuzhou Intermediate People's Court within the statutory evidentiary period. The Taichung District Court in Taiwan successfully completed the delivery and provided timely feedback, effectively facilitating the successful resolution of the dispute over the equity transfer contract, achieving good legal and social effects.

Case 6

Beijing Heiyu Guangdong Court Assists Taiwan Taichung District Court in Investigating and Obtaining Evidence in a Fraud Case

——Several courts and banks jointly assisted in the collection of evidence in Phone fraud cases

（1） Request Items

On May 13, 2014, the contact person of the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court received the investigation and evidence collection request letter No. 1030056467 from the contact person of the Taiwan legal authority agreement, as well as the relevant materials of the fraud case No. 947 of the Taiwan Taichung District Court in 2014. They requested assistance in querying the basic information of the account holders and transaction details of 20 bank accounts, and based on the remittance records in the account transaction details, Retrieve the remittance form filled out by the victim when making the remittance, identify who the victim is, and make a record.

（2） Handling status

After receiving the request from Taiwan, the Supreme People's Court found through examination that the case involved a cross-border Phone fraud case. According to the indictment of Taiwan, the defendant Jiang, as a "driver" in the fraud criminal group, used 20 mainland UnionPay cards to collect a large amount of money remitted to the head account by the fraud victim through the ATM in Taiwan. The Prosecutor's Office of the Taichung District Court in Taiwan has filed a criminal prosecution against the defendant for alleged fraud with the Taichung District Court in Taiwan.

According to the information provided by the Taiwan side, there are many bank accounts involved in the case, but only the bank names of each bank card category are available, without specific bank names and related information. In order to determine the specific assistance to the court and carry out targeted assistance, the Supreme People's Court first confirmed the names of the specific deposit banks involved in the 20 bank accounts involved in the case through the assistance of the People's Bank of China, and then transferred the relevant materials to the High people's court of Beijing, Heilongjiang, Henan and Guangdong provinces and cities for assistance according to the location of the names of the deposit banks.

In the process of assisting in the investigation of the 12 bank accounts involved, the Beijing High Court first went to the 8 banks, including ICBC, Agricultural Bank of China, Bank of China, Bank of Communications, Everbright Bank, Minsheng Bank, Ping An Bank Bank and Beijing Rural Commercial Bank, where the 12 UnionPay cards had been identified, to find out the information and contact numbers of the account holders, as well as the details of all account transactions during the period when the UnionPay cards were involved. Then, through the contact information reserved by the bank for the account holder, the handling judge contacted 12 account holders one by one by phone, but only one account holder Liu was contacted. The phone numbers of other account holders have been repeatedly dialed, left unanswered, unable to be connected, or have ceased to be used. The presiding judge has made work records one by one and made investigation records for the only contact account holder Liu. According to the comprehensive analysis of the conversation with Mr. Liu, the party involved in the case, the account transaction details and the situation that no one reported the case in Beijing, the suspect should have used the bank accounts of Mr. Liu and others to remit the stolen money obtained from others to these accounts and quickly transfer it away. The presiding judge completed the investigation of 8 bank account information related to the Beijing area within the prescribed time limit for handling the case, and analyzed 2271 pieces of information from 12 UnionPay cards, forming the "Investigation Record", telephone contact with each account holder, "Work Record", and "Investigation and Evidence Collection Explanation" and other evidence materials to be submitted to the Supreme People's Court. Subsequently, the Intermediate people's court of Zhengzhou City, Henan Province, the People's Court of Nangang District and the People's Court of Daoli District of Harbin City, Heilongjiang Province, the Intermediate people's court of Foshan City, Guangdong Province, and the Intermediate people's court of Guangzhou City also successively submitted the evidence materials obtained with assistance to the Supreme People's Court through the relevant High people's court. The contact person of the Supreme People's Court shall promptly respond to Taiwan upon receiving the evidence collection results.

Case 7

Shanghai Suqiong Court Assists Taiwan Taichung District Court in Investigating and Collecting Evidence on a Request for Distribution of Remaining Property

——Collaborative completion of evidence collection by multiple courts

（1） Request Items

On January 6, 2014, the contact person of the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court received a request for investigation and evidence collection from the contact person of the Taiwan legal authority agreement, as well as the attached materials related to the 2011 Taichung District Court's request for distribution of remaining property. They requested assistance in inquiring about the asset details of Taiwanese resident Chen in mainland China and the balance of his account opened in mainland China on September 18, 2008. On April 28, 2014, the contact person for the agreement of the Supreme People's Court received a supplementary investigation and evidence collection request from the contact person for the agreement of the legal department in Taiwan, requesting assistance in investigating whether Taiwanese resident Chen had purchased a house at a holiday hotel in Sanya.

（2） Handling status

Although the first request for inquiry by the Taiwan side was relatively broad, according to the clues of Chen's property in mainland China (including real estate and bank accounts) provided by the Taiwan side in the "Civil Application Investigation Evidence and Defense" attached to the materials, the Supreme People's Court promptly determined to assist the court in a spirit of utmost assistance and assistance, and on January 13, 2014, the Supreme People's Court reported to Shanghai, Jiangsu, and The High people's court of three places in Hainan forwarded relevant materials. On April 29, 2014, the Supreme People's Court once again forwarded the Taiwan side's request for supplementary investigation and evidence collection to the Hainan High Court. In the assistance, due to the involvement of multiple bank accounts and interweaving of the above-mentioned property clues, the relevant courts of Shanghai, Suzhou, and Qiong provinces and cities actively carry out investigation and evidence collection assistance in a spirit of cooperation and utmost assistance. Later, Shanghai Huangpu District People's Court, Kunshan People's Court of Jiangsu Province and Intermediate people's court of Sanya City of Hainan Province reported the evidence materials or inquiry results obtained by them to the Supreme People's Court according to procedures. The contact person for the Supreme People's Court agreement replied to the Taiwan side on May 16, 2014, regarding all evidence materials obtained by the People's Court.

Case 8

Beijing High Court Assists Taiwan High Court in Investigating and Obtaining Evidence in a Case of Compensation for Damage

——Assisted in retrieving over 500 pages of evidence materials

（1） Request Items

On July 28, 2014, the contact person of the Cross Strait Mutual Judicial Assistance Agreement of the Supreme People's Court received the request for investigation and evidence collection from the contact person of the agreement of the competent department of legal affairs in Taiwan and the attached materials related to the 2011 ZSG (2) Z No. 84 damage compensation event of the Taiwan High Court, requesting assistance in finding out whether the patient named Wang died in Beijing United Family Hospital on August 14, 2009, and submitting the death certificate or case for reference.

（2） Handling status

After receiving the above materials transmitted by the Supreme People's Court, the Beijing High Court promptly contacted the medical office of Beijing United Family Hospital by telephone in advance. Upon inquiry, it was learned that the hospital had a patient named Wang as described in the request for investigation and evidence collection of the Taiwan High Court, and his death certificate and case materials were stored in the archives of the hospital. In order to obtain relevant evidence materials as soon as possible, the judge in charge of the Beijing High Court went to Hemujia Hospital to investigate and collect evidence. Due to the complexity of case data and the fact that some contents, such as ward rounds, do not require retrieval, the presiding judge, together with staff from the archives and medical departments of Hemujia Hospital, screened and retrieved the relevant data. After several days of work, more than 500 pages of death certificates and case data were retrieved. The contact person for the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court shall promptly respond to Taiwan upon receiving the evidence collection results.

Case 9

Fujian Putian Intermediate Court Assists Taiwan Shilin District Court in Investigating and Obtaining Evidence in a Fraud Case

——Timely, standardized and complete assistance in obtaining evidence

（1） Request Items

On September 9 and September 16, 2013, the contact person of the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court received the investigation and evidence collection request, supplementary investigation and evidence collection request, and the accompanying materials related to the 2013 Yi Zi No. 222 fraud case tried by the Taiwan Shilin District Court from the contact person of the Taiwan legal authority agreement, requesting assistance in obtaining numerous evidence materials such as relevant transcripts, appraisal reports, and on-site photos.

（2） Handling status

This case involves the high-profile fraud case of Hu Moumou in Taiwan. Hu Moumou, a resident of Taiwan, took out FPA insurance with two insurance companies in Taiwan, and on November 3, 2011, at a certain place in Jiangkou Town, Hanjiang District, Putian City, Fujian Province, he mutilated his left hand with the purchased bone chopping knife. Hu applied for insurance claims from an insurance company in Taiwan. The insurance company believes that Hu is suspected of causing an insurance accident and fraudulently claiming insurance benefits, so he refused to settle the claim and called the police.

After receiving the Taiwan petition and relevant materials transmitted by the Supreme People's Court, the Fujian High Court immediately assigned a special person to guide the Putian Intermediate people's court to assist in handling. The presiding judge of the Putian Intermediate People's Court overcame the difficulties of numerous evidence collection units, complex investigation matters, and busy closure of the case. They worked overtime continuously and collected 392 pages of documentary evidence, physical evidence, and audio-visual materials, including witness testimony, party statements, appraisal reports, on-site photos, etc., one by one, in response to the specific matters requested by the Taiwan side for investigation within the prescribed processing time. The evidence materials retrieved are comprehensive, standardized, and complete, forming a complete evidence chain and successfully completing the assistance work. The contact person of the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court promptly replied to Taiwan after receiving the evidence collection results, and Hu was ultimately brought to justice by the Taiwan side for self harm and fraudulent insurance.

Case 10

Sichuan Chengdu Intermediate People's Court Assists Taiwan's Kaohsiung Youth and Family Court in Investigating and Obtaining Evidence in a Divorce Case

——Dedicated, responsible, and meticulous assistance in obtaining evidence

（1） Request Items

On November 3, 2014, the contact person of the Cross Strait Mutual Judicial Assistance Agreement of the Supreme People's Court received the request for investigation and evidence collection from the contact person of the agreement of the competent department of legal affairs in Taiwan and the attached materials related to the divorce event of the Kaohsiung Juvenile and Family Court in 2014 Year Marriage Zi No. 514, requesting to determine whether the photo on the attached material Marriage certificate is the person of Yue, and if not, requesting to confirm who the person on the photo is and his current address.

（2） Handling status

Taiwan's request for assistance in investigation and evidence collection is closely related to the previous reply of the High people's court to assist Taiwan in serving the case documents. On August 10, 2014, the contact person for the Cross Strait Judicial Mutual Assistance Agreement of the Sichuan High Court received a request for service of documents from the contact person for the agreement from the legal department in Taiwan, requesting assistance in delivering the judicial document for the 2014 divorce case of the Kaohsiung Youth and Family Court to Yue, a resident of the People's Republic of China, to be served. During the process of assisting in the delivery of documents, Yue claimed that he had never married anyone in Taiwan and refused to sign for relevant judicial documents. Sichuan High Court promptly replied to the Taiwan side regarding the above delivery situation. The Intermediate people's court of Chengdu, after receiving the Taiwan's request for assistance in the investigation and evidence collection sent by the Supreme People's Court and the Sichuan High Court, decided to start with the public certificate attached by the Taiwan side after study, Afterwards, I went to the Civil Affairs Department of Sichuan Province to retrieve the original marriage registration files of the parties involved, as well as the marriage registration application form, approval form, Yue's household registration book, ID card and other materials. Later, the case judge drove more than 200 kilometers to the public security bureau where Yuemou's registered residence was located to obtain his registered residence certificate and a copy of Yuemou's ID card issued by the bureau. At the same time, he found Yuemou himself locally, asked Yuemou about the investigation content and related issues raised by Taiwan, made a record of the inquiry, and obtained copies of Yuemou's ID card and residence booklet, And obtain the consent of Yue to take a photo of Yue on site. The judge in charge compared the photo of the copy of Yue's ID card taken from the public security bureau of the place where Yue's registered residence is located with the photo on the marriage notarial certificate attached to the Taiwan request for investigation (that is, the photo of the Marriage certificate kept by the Civil Affairs Department of Sichuan Province). It was found that the woman in the two photos was different, that is, the woman in the photo on the Marriage certificate involved was not Yue himself. This can also be confirmed by the inquiry content of Yue and his current photo. As for the woman in the photo attached by the Taiwan side, due to limited information, the court is unable to further verify. The Sichuan High Court will assist the court in obtaining evidence materials and submit them to the Supreme People's Court within the prescribed time limit, and then the Supreme People's Court will promptly respond to Taiwan through an agreed contact person.

Case 11

Inner Mongolia Baotou Intermediate People's Court requested the Taiwan Court to assist in the investigation and evidence collection of a housing sales contract dispute

——Assisted by a Taiwanese court in obtaining evidence, the Taiwanese parties actively responded to the lawsuit and reached a settlement

（1） Request Items

On April 30, 2014, the contact person of the Supreme People's Court for the cross-strait mutual legal assistance agreement sent a request for investigation and evidence collection to the contact person of the competent legal department in Taiwan, requesting the Taiwan side to assist in providing the ID card number and detailed address of a Taiwan resident, and serving him with a notice of response, a copy of the indictment Notice of proof and other relevant judicial documents.

（2） Handling status

The case was assisted by the Yilan District Court in Taiwan, and the mainland court's request was fully completed. On June 4, 2014, the service to the recipient was promptly completed. The contact person for the Supreme People's Court agreement received the response materials from the Taiwan side on June 15, 2014. After receiving the document from the mainland court, the recipient, Mr. You, made a special trip from Taiwan to Baotou to participate in the lawsuit. He reached an out of court settlement with the plaintiff, Mr. Wang, and actually fulfilled it. The plaintiff applied to the court to withdraw the lawsuit and was granted permission, and the case was successfully resolved.

Case 12

Case of Shaanxi Xi'an Intermediate People's Court Returning Property to Two Victims including Lin in Taiwan

——The First Case of Judicial Mutual Assistance Involving Taiwan Related Crimes and Illegal Goods Transferred by Shaanxi Court

（1） Basic facts of the case

This case is a crime of Phone fraud. The Intermediate people's court of Xi'an City, Shaanxi Province found that in late October 2009, the defendant Li Jiadong and other 18 people (all residents of Taiwan) rented Internet phones in Weiyang District, Xi'an City, Shaanxi Province, pretending to be the staff of Keelung Police Bureau and the Procuratorial Office of Keelung Local Court in Taiwan, and repeatedly made phone calls to Taiwan residents to defraud their bank account details and commit fraud on the grounds of their bank account involvement. On November 22 and 26, 2009, the criminal group defrauded victims Lin and Li, Taiwan residents, of a total of NT $1.09 million (equivalent to RMB 230711.45). After trial, the Xi'an Intermediate People's Court actively facilitated the defendant's partial refund of compensation while sentencing the defendant in accordance with the law.

（2） Handling status

According to the determined refund and refund amount in the judgment, the Xi'an Intermediate People's Court submitted a request through the Shaanxi High Court under the Cross Strait Judicial Mutual Assistance Agreement. On July 31, 2014, the contact person of the Supreme People's Court sent a message to the contact person of the legal department in Taiwan and submitted a request for service of documents, investigation and evidence collection, and transfer of stolen goods. After the Taiwan side assisted in confirming the relevant information of the two Taiwanese victims involved in the case and the victims signed relevant documents to provide feedback to the mainland court, the Xi'an Intermediate People's Court hereby remitted the defendant's refunded stolen money of RMB 9900 (approximately NT $50000) to the accounts opened by the two victims in Taiwan on March 23, 2015.

Case 13

Case of Guangdong Dongguan Intermediate People's Court Returning Property to 17 Victims including Chen in Taiwan

——Guangdong Court's First Case of Transfer of Taiwan Related Crime and Mutual Legal Assistance

（1） Basic facts of the case

This case is a crime of Phone fraud. After hearing by Dongguan Intermediate people's court and High people's court of Guangdong Province, it was found that in June 2009, the defendant Fan Yulang, together with others, took over the management of Chang'an Branch of Zhuhai Qisheng Trading Co., Ltd. (hereinafter referred to as Qisheng Company) in Dongguan and engaged in Phone fraud activities. Under the guise of promoting tea over the phone, Qisheng Company has gathered more than 40 personnel from Taiwan and more than 40 women from mainland China. After purchasing a large amount of personal information of Taiwanese residents, they fraudulently impersonated Taiwan prosecutors, police captains, police officers, and hospital nurses by making phone calls. As of October 2009, 43 defendants including Fan Yulang (31 of whom were residents of Taiwan) were arrested by the public security organs on the spot, and a total of 19 victims in Taiwan were actually defrauded of more than RMB 7.68 million. There are a large number of defendants and victims involved in this case, and the criminal methods are highly deceptive and socially harmful. The first and second instance judgments, while sentencing the defendants in accordance with the law, will proportionally refund the stolen funds transferred with the case to the victims.

（2） Handling status

According to the determined return amount in the judgment, the Dongguan Intermediate People's Court submitted a request through the Guangdong High Court under the Cross Strait Judicial Mutual Assistance Agreement. On May 6, 2014, the contact person of the Cross Strait Judicial Mutual Assistance Agreement of the Supreme People's Court sent a message to the contact person of the Taiwan legal department and requested the delivery of documents, investigation and evidence collection, and transfer of stolen goods. The Taiwan side assisted in confirming the relevant information of 19 victims involved in the case (including one victim who clearly stated that they had given up receiving the relevant funds, and one victim whose whereabouts were unknown), and delivered the mainland court judgment documents and criminal refund distribution plans to the relevant victims. 17 victims provided feedback on the property return information form signed by themselves, as well as relevant identity information and bank account information. On June 25, 2015, the Dongguan Intermediate People's Court transferred over 190000 yuan (approximately NT $920000) of the compensation owed to 17 victims to their bank accounts in Taiwan.

Case 14

Lin applied to the Suzhou Intermediate People's Court in Jiangsu Province for recognition of the civil judgment of the Taiwan Shilin District Court

（1） Basic facts of the case

On August 23, 2013, Taiwanese resident Lin filed a criminal incidental civil damages lawsuit with the Shilin District Court of Taiwan, citing the embezzlement of stock funds by Taiwanese resident Wu. On September 23, 2013, the Shilin District Court of Taiwan made the 2013 ZSZ No. 315 civil judgment, ruling that Wu should pay NT $44779595 to Lin, with interest calculated at 5% of annual interest from March 20, 2012 to the settlement date, and bear Court costs. The court issued a "Taiwan Shilin District Court Judgment Confirmation Certificate", proving that the civil judgment No. 315 of 2013 was confirmed on October 31, 2013.

As the property to be executed involved in this case is located in Suzhou, Jiangsu Province, on June 9, 2014, Lin applied to the Intermediate people's court of Suzhou City for recognition of the 2013 ZSZ No. 315 civil judgment of Taiwan Shilin District Court.

（2） Judgment results

The Suzhou Intermediate People's Court has reviewed and found that the civil judgment, hearing notice delivery certificate, and judgment confirmation certificate provided by the applicant Lin in 2013 by the Taiwan Shilin District Court with Chongsui Zi No. 315 have all been notarized by the Taiwan notary department and certified by the Jiangsu Provincial Notary Association to confirm their authenticity. The above evidence proves that Wu has lawfully been summoned to exercise his litigation rights and the judgment has come into effect. At the same time, after examination, it was not found that the judgment was not recognized as listed in Article 9 of the "Provisions of the Supreme People's Court on the Recognition of Civil Judgments by Relevant Courts in Taiwan", so the validity of the judgment should be recognized. According to the relevant judicial interpretation regulations, the court made a civil ruling on August 4, 2014, recognizing the legal effect of the 2013 Civil Judgment No. 315 of the Taiwan Shilin District Court.

Case 15

Kang applied to the Chongqing Fifth Intermediate People's Court for recognition of the civil judgment case of Kaohsiung District Court in Taiwan

（1） Basic facts of the case

On June 1, 2004, mainland resident Kang and Taiwan resident Huang registered their marriage at the Transnational marriage registration office in Chongqing. In March 2005, Huang filed a divorce lawsuit with the Kaohsiung District Court in Taiwan on the grounds of being unable to contact or living together. On March 9, 2006, the Kaohsiung District Court of Taiwan made a civil judgment No. 1497 in 2005, ruling that Huang and Kang would divorce, and the litigation costs would be borne by Kang. On March 24, 2014, the Kaohsiung Juvenile and Family Court in Taiwan (transferred by the Family Court of the Kaohsiung District Court on June 1, 2012) issued (reissued) a "Judgment Confirmation Certificate", proving that the civil judgment No. 1497 of the year 2005 was confirmed on June 1, 2006.

On May 22, 2014, Mr. Kang applied to the Fifth Intermediate people's court of Chongqing for approval of the civil judgment of the Kaohsiung District Court of Taiwan in 2005, Marriage Zi No. 1497.

（2） Judgment results

According to the review of the Fifth Central Court of Chongqing, the Kaohsiung District Court of Taiwan made the judgment of "allowing Huang to divorce Kang; the litigation costs shall be borne by Kang" on March 24, 2014, when Kang was legally summoned to appear in court to answer the lawsuit and Kang did not attend the oral debate on the specified date. Based on the evidence in this case, it can be confirmed that the authenticity of the 2005 Marriage No. 1497 Civil Judgment made by the Kaohsiung District Court in Taiwan on March 9, 2006 regarding the divorce dispute between plaintiff Huang and defendant Kang is not recognized by law. According to the relevant judicial interpretation regulations, the court made a civil ruling on August 10, 2014, recognizing the legal effect of the 2005 civil judgment No. 1497 of the Kaohsiung District Court in Taiwan, which stated that "Huang and Kang are to be divorced".