Taiwanese offers legal services in mainland

(Xinhua)
Updated: 2009-04-23 19:03

ZHANGZHOU, Fujian Province -- Taiwanese businessman Chen Long-feng has found success on the Chinese mainland, so much so that last month he decided to branch out into dispute mediation for Taiwan people.

Chen has taken up a two-year post as a consultant at his local court about cases involving Taiwan residents and corporation.

Coming from southern Taiwan, Chen has run a fishery firm and seaside resort in Zhangpu county, Zhangzhou city in southeastern Fujian Province, for 21 years.

"I have never been in a court in the past. I have a lot to learn," he says. "But I feel a great responsibility and honor to contribute my thoughts when judges deal with cases involving Taiwan people."

Although he is yet to be assigned his first case, he will engage in each case from the beginning. He can talk with all parties, collect information, give advice to the court and supervise the proceedings, according to the Zhangpu county court.

"Mr. Chen knows much about policies and laws in the mainland. He has a good reputation in local Taiwan business circles and is willing to work for the public. That's why we think he is suitable for this position," says Hu Shaoyin, vice president of the Zhangpu county court.

The court also expects him to act as an assistant mediator in business and civil cases related to Taiwan people.

Chinese law allows judges to intercede in civil disputes before starting a formal hearing.

"Chinese do not like to go to court. Many people feel embarrassed to confront each other in court. They prefer settling their conflicts in a more private way," Hu says. "Chen has this sort of experience."

As the first president of the Zhangpu Taiwan Business Association, Chen cannot remember how many disputes he has mediated in the past.

"He will also help us introduce and explain the mainland's laws and legal system to Taiwan people," Hu says. After six decades of separation, the two sides of the Taiwan Straits operate different legal systems.

Chen might be the first court consultant of this kind on the mainland. In March, the Zhangzhou municipal court set up a special court for cross-Straits lawsuits, the first in the mainland. Nine of Zhangzhou's county courts, including Zhangpu, followed suit.

The special court will consider criminal and civil cases, in which one or both parties are Taiwan residents or corporations.

"To improve our work at this court, we invited 12 consultants, including government officials, political advisors and lawmakers who deal with Taiwan affairs. Chen is also one of them," Hu says.

Though court officials have held several meetings with the consultants, a detailed training program has yet to be set up to educate them on the law and their duties and responsibilities.

Zhangzhou, where many people have close family and cultural links with Taiwan, has a population of 4.75 million and has been a popular investment destination for Taiwan business people. As of March, it had about 2,400 Taiwan firms registered with actual investment of US$5.3 billion.

"The more business, the more Taiwan people coming and going, the more disputes," says Lin Yihua, president of the Zhangzhou municipal court. The municipal court registered 205 business disputes involving Taiwan residents or companies in 2007 and 2008, while the number of other civil disputes is not available.

One criminal and seven civil cases have been registered since the special court was established on March 5.

The court faces many difficulties in dealing with these cases as the two sides have no comprehensive judicial cooperation, Lin says. "It is hard for us to identify suspects from Taiwan, to collect evidence, to verify the evidence a Taiwan party presents and to implement our verdicts."

Judicial cooperation is on the agenda of the meeting of the mainland's Association for Relations Across the Taiwan Straits (ARATS) and Taiwan's Straits Exchange Foundation (SEF) in Nanjing from Saturday to Wednesday.

"The special court here may be a pilot for other areas," Lin said. "We will accumulate experience about cross-Straits cases and trial new measures here."