| Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court | | 最高人民法院公布15起人民法院涉台司法互助典型案例 |
| (June 20, 2014) | | （2014年06月20日 ） |
| I. Cases regarding Service of Documents through Mutual Judicial Assistance (Four Cases) | | （一）送达文书司法互助案（4件） |
| Case 1 | | 案例1 |
| Case regarding Assistance of the Intermediate People's Court of Guangzhou City, Guangdong Province in Serving Documents issued by Taiwan Shihlin District Court | | 广东广州中院协助台湾士林地方法院送达文书案 |
| - Ensuring that a school-age child started school on time through instant handling and conclusion | | --速办速结保障适龄儿童按时入学 |
| 1. Request items | | （一）请求事项 |
| On February 10, 2014, the contact person of the Higher People's Court of Guangdong Province for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received the written request for the service of documents from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in serving the civil ruling of an adoption recognition case (No. 70 [2013], Taiwan Shihlin District Court) on the recipient surnamed Li, or his legal representative, Yang, a resident of mainland China. | | 2014年2月10日，广东省高级人民法院协议联络人收到台湾地区法务主管部门协议联络人送达文书请求书，请求协助送达台湾士林地方法院2013年度司养申字第70号认可收养事件民事裁定书给受送达人李某某及其法定代理人大陆居民杨某。 |
| 2. Handling progress | | （二）办理情况 |
| This was an adoption recognition case, and only after the adoptee's biological mother, i.e., the recipient's legal representative, Yang, signed the ruling of the Taiwan party and returned the certificate of service to the court of the Taiwan party, may the ruling become effective; and only after the ruling became effective, may the adopter (a Taiwan resident) handle enrollment formalities in Taiwan for the adoptee (a school-age child). In order to ensure that the adoptee started school on time, on the day upon receipt of the written request of the Taiwan party, the Higher People's Court of Guangdong Province transferred it to the Intermediate People's Court of Guangzhou City for assistance, and required the latter to immediately start searching for the recipient and service the aforesaid documents on her. On February 20, 2014, the Intermediate People's Court of Guangzhou City completed the service and submitted the acknowledgment of service to the Higher People's Court of Guangdong Province, and the Higher People's Court of Guangdong Province also sent a reply to the Taiwan party after examination on the same day. The relevant courts of Guangdong Province at two levels took only ten days to make a written reply after receipt of the written request of the Taiwan party, ensured instant handling and conclusion onsite, and effectively guaranteed the timely achievement of the relevant rights and interests of the parties involved in this case. | | 此案为认可收养案件，只有当被收养人亲生母亲，即受送达人的法定代理人杨某签收台方法院裁定书且将送达证明文件返回台方法院后，该裁定方可生效；裁定生效后，收养人（台湾居民）才可为被收养人（系学龄儿童）办理在台入学手续。为保证被收养人能按时入学，广东高院于收到台方请求书当日即转送广州市中级人民法院协助，并要求其立即开始查找受送达人予以送达。广州中院于2014年2月20日完成送达，并于当日将送达回证报送至广东高院，广东高院也于同日审查后回复台方。此案广东有关两级法院从收到台方请求书到作出回复书全程用时仅10天，做到了即来即办、速办速结，切实保障了涉案当事人有关权益的及时实现。 |
| Case 2 | | 案例2 |
| Case regarding Assistance of the Intermediate People's Court of Zhoushan City, Zhejiang Province in Serving Documents issued by Taiwan Pingtung District Court | | 浙江舟山中院协助台湾屏东地方法院送达文书案 |
| - Repeatedly going to and from a remote island and searching for the recipient in many ways | | --多次往返偏远小岛并多方查找受送达人 |
| 1. Request items | | （一）请求事项 |
| On July 5, 2013, the contact person of the Higher People's Court of Zhejiang Province for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received a written request for the service of documents from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in serving the judicial documents of a case (No. 12 [2013], Taiwan Pingtung District Court) on the recipient surnamed Wang, a resident of mainland China. | | 2013年7月5日，浙江省高级人民法院协议联络人收到台湾地区法务主管部门协议联络人送达文书请求书，请求协助送达台湾屏东地方法院2013年度家陆许字第12号案件司法文书给受送达人大陆居民王某某。 |
| 2. Handling progress | | （二）办理情况 |
| The address provided by the Taiwan party without any contact information was located on a remote island on the northwest corner of Zhoushan Islands, Zhejiang Province. The Higher People's Court of Zhejiang Province transferred this case to the Intermediate People's Court of Zhoushan City for handling. The service personnel took nearly six hours to arrive in the island by car and ferry, and after an investigation, found that the address for service had long been uninhabited. After searching for the recipient's permanent residence information at the Center of Zhoushan City for Handling Certificates, the service personnel confirmed that the address provided by the Taiwan party was really the recipient's permanent residence address, and then visited the island again to gather information about the recipient. After multiple visits and inquiries, the service personnel collected the contact information of many relatives and friends of the recipient, then contacted and asked them one by one, and finally obtained the recipient's contact information from one of his friends and relatives. After making a phone call to the recipient for confirmation, the Intermediate People's Court of Zhoushan City found the recipient's current address on October 31, 2013 and successfully served such documents on the recipient. | | 台方提供的送达地址位于浙江省舟山群岛本岛西北角的偏远小岛上，但未提供任何联络方式。浙江高院将该案转送舟山市中级人民法院办理。舟山中院送达人员乘坐汽车、轮渡行程近六个小时到达该岛，经走访调查，发现该送达地址已经长期无人居住。后经向舟山市办证中心查询受送达人户籍信息，确认台方提供地址确系受送达人户籍地址，遂再次上岛搜集受送达人有关信息。经多方走访询问，收集到受送达人多位亲戚朋友的联系方式，再逐一进行联系打听，终于从一位亲友处获得受送达人的联系方式。经与受送达人电话联系确认，舟山中院于2013年10月31日找到受送达人现住址，并成功进行了直接送达。 |
| Case 3 | | 案例3 |
| Case regarding Assistance of the Intermediate People's Court of Wuxi City, Jiangsu Province in Serving Documents issued by Taiwan Taipei District Court | | 江苏无锡中院协助台湾台北地方法院送达文书案 |
| - -Sparing no effort in helping search for an unknown address and successfully serving documents | | --地址不明仍尽力协查并成功送达 |
| 1. Request items | | （一）请求事项 |
| On April 2, 2014, the contact person of the Higher People's Court of Jiangsu Province for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received the written request for the service of documents from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in serving the written notice on oral argument and the duplicate of the compliant in a divorce case (No. 35 [2014], Taiwan Taipei District Court) on the recipient surnamed Wang, a resident of mainland China. | | 2014年4月2日，江苏省高级人民法院协议联络人收到台湾地区法务主管部门协议联络人送达文书请求书，请求协助送达台湾台北地方法院2014年度婚字第35号离婚事件言词辩论通知书、起诉状副本各一件给受送达人大陆居民王某。 |
| 2. Handling progress | | （二）办理情况 |
| After examining the written request of the Taiwan party transferred by the Higher People's Court, the Intermediate People's Court of Wuxi City, Jiangsu Province found that, according to the plaintiff's written statement, he had been no contact with the recipient surnamed Wang for ten years; the Taiwan party only provided Wang's address for service in mainland China (No. x# Hexin Lane, Wuxi City, Jiangsu Province), but no Wang's ID number and contact information; because of huge changes in the transformation of Wuxi City, the address for service provided by the Taiwan party did not exist. In order to provide assistance as successfully as possible, the Intermediate People's Court of Wuxi City tried to find ways of searching for the whereabouts of the recipient, but failed in an first attempt to search for the registration of telephone numbers and other relevant information retained in the address for service via 114 Directory Enquiries; then it viewed the map of a decade ago through the electronic map system of Wuxi City and compared it with the current map, found the general location of former Hexin Lane, and then verified with the People's Court of Beitang District, Wuxi City, the court having jurisdiction over the area, that the area indeed had existed but been entirely demolished and relocated in 2007 and not longer existed, and the whereabouts of the local residents were unknown. In view of this, the Intermediate People's Court of Wuxi City queried through the Public Security Bureau of Wuxi City, retrieved the permanent residence information cards of the local residents, checked a dozen of persons with the same name in Wuxi City one by one, and finally found the current residence of the recipient and extracted his home phone number. After the court contacted with Wang and confirmed his identity, Wang came to the court to personally receive the relevant judicial documents of the Taiwan party. | | 江苏省无锡市中级人民法院收到江苏高院转送的台方请求资料后审查发现，按照原告书面陈述，其与受送达人王某已经十年无联系；台方仅提供了王某在大陆的送达地址（江苏省无锡市和新里×号），未提供身份证号码和联络方式；因无锡城市改造变化非常大，台方提供的送达地址早已不存在。为尽可能成功协助，无锡中院想方设法查找受送达人下落，先通过114号码查询台查询送达地址的电话号码登记和其他相关留存信息，未果；之后通过无锡市电子地图查看十年前的无锡地图并比对现地图，查到原和新里的大体方位后，经与该地区管辖法院无锡市北塘区人民法院核实，该地区确曾存在，但在2007年已被整体拆迁，不复存在，该地区居民都已去向不明。鉴此，无锡中院通过无锡市公安局进行查询，经调取居民户籍信息卡，从全市十余名同名同姓的人员中逐一核对排查，最终查找到受送达人现居住地，并提取了宅电号码。经与王某联系并证实了其身份后，王某到法院亲自领取了台方有关司法文书。 |
| Case 4 | | 案例4 |
| Case regarding Request of the People's Court of Lengshuitan District, Yongzhou City, Hunan Province for Assistance of the Court of Taiwan Region in Serving Documents | | 湖南永州冷水滩区法院请求台湾法院协助送达文书案 |
| -The court of Taiwan Region tried its best to assist the court of mainland China in serving documents | | --台湾法院尽力协助大陆法院送达 |
| 1. Request items | | （一）请求事项 |
| On November 21, 2013, the contact person of the People's Court of Lengshuitan District, Yongzhou City, Hunan Province for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) sent a written request for service of documents to the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in serving on a Taiwan resident surnamed Zhang the written notice on response to action, the duplicate of the complaint, the court summons, and other relevant legal documents in a case involving divorce disputes (Huang v. Zhang) as accepted by the People's Court of Lengshuitan District, Yongzhou City, Hunan Province. | | 2013年11月21日，湖南省高级人民法院协议联络人向台湾地区法务主管部门协议联络人发出送达文书请求书，请求协助向台湾居民张某某送达湖南省永州市冷水滩区人民法院受理的原告黄某某诉被告张某某离婚纠纷一案的应诉通知书、起诉状副本、开庭传票等相关法律文书。 |
| 2. Handling results | | （二）办理结果 |
| In the written request, the court of mainland China provided the recipient's two addresses for service in Taichung City. The Taiwan Taichung District Court not only served documents on the aforesaid two addresses by mail, but also ascertained the recipient's place of permanent residence and served on the recipient by mail. On March 27, 2014, the contact person of Taiwan Region for the Agreement sent a reply on all relevant outcome of service to the contact person of the Higher People's Court of Hunan Province for the Agreement. | | 大陆法院在请求材料中提供了受送达人在台中市的两个送达地址。台湾台中地方法院不仅针对上述两个地址均予寄存送达，而且查明了受送达人的户籍所在地并再予寄存送达。台方协议联络人于2014年3月27日将有关送达结果完整回复湖南高院协议联络人。 |
| II. Cases regarding Investigation and Taking of Evidence through Mutual Judicial Assistance (Four Cases) | | （二）调查取证司法互助案（4件） |
| Case 5 | | 案例5 |
| Case regarding Assistance of the Intermediate People's Court of Kunming City, Yunnan Province in the Investigation and Taking of Evidence for a Case of Declaration of Death at the Request of the Taiwan Taichung District Court | | 云南昆明中院协助台湾台中地方法院就一死亡宣告案件调查取证案 |
| - A blanket search for the person under investigation | | --地毯式查寻被调查人 |
| 1. Request items | | （一）请求事项 |
| On June 19, 2013, the contact person of the Higher People's Court of Zhejiang Province for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received a written request for investigation and evidence-taking and the relevant materials for a case of declaration of death (No. 21 [2014], Taiwan Taichung District Court) attached thereto from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in confirming the current location of Gu, a Taiwan resident, and the information about whether he had relevant activities after entering mainland China. | | 2013年6月19日，最高人民法院协议联络人收到台湾地区法务主管部门协议联络人调查取证请求书及所附台湾台中地方法院2013年度亡字第21号死亡宣告事件相关材料，请求确认台湾居民顾某某现所在地及入境大陆后有无相关活动之资料。 |
| 2. Handling progress | | （二）办理情况 |
| Upon receipt of the materials transferred by the Supreme People's Court and the Higher People's Court of Yunnan Province, the Intermediate People's Court of Kunming City, Yunnan Province found upon examination that, the person under investigation, Gu, was a person with a moderate mental disorder, and his whereabouts were unknown more than seven years after he entered mainland China; and the Taiwan party only provided a clue that Gu took a flight to Kunming on January 11, 2006. Although the case information was very limited, the Intermediate People's Court of Kunming City still attached great importance to this case, went all out to conduct investigations, respectively contacted the Kunming Taiwan Compatriots Association, the Taiwan Affairs Office and Foreign Affairs Office of the Kunming Municipal People's Government, the Exit & Entry Administration Bureau of the Public Security Department of Yunnan Province, the Kunming Station of Immigration Inspection, the Kunming Railway Public Security Bureau, the Civil Affairs Bureau of Kunming City, the Health Department of Yunnan Province, Yunnan Airport Group, Kunming Changshui International Airport and many other entities, searched for all entry-exit records of the relevant ports from January 1, 2006 to August 2013, retrieved the residence registration information at hotels and inns and the residence registration information of foreign nationals living scattered in Kunming City since January 2006, compared more than 3.5 million messages in the real-name ticket system, retrieved 110,000 pieces of the identity data on passengers, registration information on railway criminal suspects, and information on cases involving illegal activities and incidents in railway passenger trains as collected from the railway police's books of all trains from Kunming since January 2006, examined the records of hospital visits and medical treatment in nearly 100 specialized medical institutions for psychiatric health including the Yunnan Mental Health Center, the First Affiliated Hospital of Kunming Medical University, and the health bureaus of Kunming and nine surrounding prefectures (cities) in Yunnan Province, and verified the registration information of personnel who already left and the files of recipients at the municipal shelters under the Civil Affairs Bureau of the Kunming Municipal People's Government. According to the search results from various sources, the Court failed to find any valid information and related data about Gu. Finally, despite its failure to make a reply with a successful outcome at assistance to the Taiwan party, the Intermediate People's Court of Kunming County took practical action to show the spirit of providing cross-strait mutual judicial assistance with utmost sincerity and best efforts. | | 云南省昆明市中级人民法院在收到最高人民法院和云南省高级人民法院转送的材料后，经审查发现，被调查人顾某某是一名中度精神障碍患者，入境大陆后7年多下落不明，台方提供的线索仅是顾某某曾于2006年1月11日搭乘班机到昆明。尽管案件信息十分有限，昆明中院仍高度重视，全力以赴开展调查，分别联系了昆明市台湾同胞联合会、昆明市政府台办和外事侨务办、云南省公安厅出入境管理局、昆明市公安局、昆明边防检查站、昆明铁路公安局、昆明市民政局、云南省卫生厅、云南机场集团和昆明长水国际机场等多家单位，查询了2006年1月1日至2013年8月8日有关口岸出入境记录，检索了2006年1月以来昆明市宾馆旅店住宿登记信息和散居境外人员住宿登记信息，比对了实名制售票系统中的350余万条信息，检索了2006年1月以来从昆明始发的各趟列车乘警宝典收集的11万条乘客身份数据、铁路违法犯罪嫌疑人登记信息和铁路客车违法案事件信息，调查了云南省心理卫生中心、昆明医科大学第一附属医院、昆明市和省内周边9个地州（市）卫生局近百家精神病卫生专科医疗机构的就诊、治疗的记录，核实了昆明市民政局下属的昆明市政府救助站的离站人员登记信息和受助人员档案。根据各方面反馈的查询结果，均未能查询到顾某某的任何有效信息和相关资料。本案最终虽然以未能成功协助的结果回复台方，但昆明中院用实际行动展现了以最大诚意、尽最大努力开展两岸司法互助的精神。 |
| Case 6 | | 案例6 |
| Case regarding Assistance of 13 Courts of Seven Provinces of mainland China in the Investigation and Taking of Evidence for a Case of Fraud at the Request of the Taiwan Taichung District Court | | 大陆7省市13家法院协助台湾台中地方法院就一诈欺案件调查取证案 |
| - Courts of several regions cooperated to complete the taking of evidence for the case of telecommunications fraud | | --多地法院协同完成电信诈骗案取证 |
| 1. Request items | | （一）请求事项 |
| On February 20, 2012, the contact person of the Supreme People's Court for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received a written request for investigation and evidence-taking and the relevant materials for a case of fraud (No. 1965 [2011], Taiwan Taichung District Court) attached thereto from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in questioning 13 witness, residents of mainland China, and making audio-video recordings throughout the entire process. | | 2012年2月20日，最高人民法院协议联络人收到台湾地区法务主管部门协议联络人调查取证请求书及所附台湾台中地方法院审理的2011年度易字第1965号诈欺案件相关材料，请求代为询问13名大陆居民证人并全程录音录像等。 |
| 2. Handling progress | | （二）办理情况 |
| Upon receipt of the written request of the Taiwan party, the Supreme People's Court found upon examination that this case involved a case of cross-border telecommunications fraud cracked down jointly and investigated through the full cooperation of mainland China and Taiwan Region with a third country. As stated in the charging document of the Taiwan party, Hong and other five defendants, all of whom were Taiwan residents, were accused of employing Yao and other 12 residents of mainland China (i.e., 13 witnesses who the Taiwan party requested to question in this case) to engage in telecommunications fraud in Vietnam, and cheated the victims of mainland China out of more than 2.25 million yuan in total. In 2011 all members of the fraud gang were arrested in Vietnam, and six defendants from Taiwan Region were deported and were put by the Taiwanese police under criminal detention when they returned to Taiwan; and Yao and other 12 residents of mainland China were examined and handled by the relevant public security authority of Liaoning Province when they returned to mainland China. The Prosecutors' Office of the Taiwan Taichung District Court instituted a criminal prosecution with the Taiwan Taichung District Court on the ground that the six defendants were suspected of committing a fraud. | | 最高人民法院收到台方请求书后，经审查发现，该案涉及一起两岸和第三地通力合作侦办的共同打击跨境电信诈骗案。据台方起诉书所述，洪某某等6名被告人均为台湾居民，被控涉嫌雇佣大陆居民姚某某等13人（即本案台方请求询问的13名证人）在越南从事电信诈骗犯罪，共诈得大陆被害人人民币225万余元。2011年该诈骗团伙在越南落网，6名台湾地区被告人被驱逐出境，在返台时被台警方刑事拘留；姚某某等13名大陆居民返回大陆后交由辽宁省有关公安机关审查处理。台湾台中地方法院检察署就6名被告人涉嫌诈欺罪向台中地院提出刑事检控。 |
| According to the case information provided by the Taiwan party, the Supreme People's Court immediately transferred the relevant request of the Taiwan party to the Higher People's Court of Liaoning Province for seeking assistance. The Higher People's Court of Liaoning Province found upon investigation that, the residential confinement of the relevant persons involved in this case have been terminated, and their places of permanent residence involved Guangdong, Jiangxi, Sichuan, Hunan, Hubei, and Chongqing. | | 根据台方提供的涉案信息，最高人民法院立即将台方上述请求转送辽宁省高级人民法院协助办理。辽宁高院调查发现，有关涉案人员已被解除监视居住强制措施，其户籍所在地涉及广东、江西、四川、湖南、湖北、重庆等地。 |
| Because there were several persons involved in this case regarding investigation and evidence-taking, making them difficult to find, and the content of and procedure for evidence-taking were complex, it was difficult to fully complete the investigation and evidence-taking in a short time. Therefore, the contact person of the Supreme People's Court for the Agreement notified the Taiwan party of the phased progress in a timely manner, and at the same time, respectively sent letters to require the higher people's courts of Guangdong, Jiangxi, Sichuan, Hunan, Hubei, and Chongqing to separately provide assistance in investigation and evidence-taking. | | 因本调查取证案所涉人员较多、查找困难及取证内容和程序较为复杂，短时间内难以全面完成调查取证，最高人民法院协议联络人及时将阶段性进展情况通报台方，同时分别向广东、江西、四川、湖南、湖北、重庆六地高级人民法院发函要求分别予以协助调查取证。 |
| Through the follow-up assistance of 12 courts of mainland China in six provinces and one municipality including the People's Courts of Dexing City, Yiyang County and Duchang County in Jiangxi Province, the People's Court of Tongshan County in Hubei Province, the People's Court of Nan County in Hunan Province, the Intermediate People's Courts of Heyuan City and Zhuhai City and the People's Court of Xinxing County in Guangdong Province, the People's Court of Yongchuan District in Chongqing Municipality, and the Intermediate People's Courts of Zigong City, Guang'an City and Suining City in Sichuan, the investigation into and taking of evidence from all 13 witness were finally completed. In particular, seven persons under investigation failed to be found; for the six persons under investigation who were found, they were investigated and questioned under the legal procedures, and audio-video recordings throughout the entire process of questioning were made and piled into video discs at the request of the Taiwan party. | | 经江西省德兴市人民法院、弋阳县人民法院和都昌县人民法院，湖北省通山县人民法院，湖南省南县人民法院，广东省河源市中级人民法院、珠海市中级人民法院和新兴县人民法院，重庆市永川区人民法院，四川省自贡市中级人民法院、广安市中级人民法院和遂宁市中级人民法院等6省市12家大陆法院后续协助，最终完成了对全部13名证人的调查取证工作。其中，7名被调查人无法找到；对于找到的6名被调查人，均依法定程序进行调查询问，并根据台方要求对询问过程全程录音录像且制成光盘。 |
| In this case, 13 courts of mainland China in six provinces and one municipality provided actual assistance, and on August 5, 2013, the contact person of the Supreme People's Court for the Agreement made a reply on all results together with 71 written documents and ten evidence-taking video discs to the Taiwan party. | | 本案前后经大陆7省市13家法院具体协助，最终由最高人民法院协议联络人于2013年8月5日将全部结果附带71页书面材料和10张取证录像光盘一并回复台方。 |
| Case 7 | | 案例7 |
| Case regarding Assistance of the Higher People's Court of Tibet Autonomous Region in the Investigation and Taking of Evidence for a Case of Payment of Insurance Benefits at the Request of the Taiwan Taichung District Court | | 西藏高院协助台湾台中地方法院就一给付保险金案件调查取证案 |
| - Assisting a court of Taiwan Region in evidence-taking in a conscientious manner | | --尽力尽责协助台湾法院取证 |
| 1. Request items | | （一）请求事项 |
| On November 25, 2011, the contact person of the Supreme People's Court for the Cross-Strait Joint Crime-Fighting and Mutual Judicial Assistance Agreement (hereinafter referred to as the “Agreement”) received a written request for investigation and evidence-taking and the relevant materials for a case of payment of insurance benefits (No. 22 [2011], Taiwan Taichung District Court) attached thereto from the contact person of the competent legal department of Taiwan Region for the Agreement, requesting assistance in taking the relevant medical records and emergency care records of a Taiwan resident surnamed Li during his trip to Tibet. | | 2011年11月25日，最高人民法院协议联络人收到台湾地区法务主管部门协议联络人调查取证请求书及所附台湾台中地方法院2011年度保险字第22号给付保险金案件相关材料，请求调取台湾居民李某某在西藏旅行期间的有关病历资料及急救记录。 |
| 2. Handling progress | | （二）办理情况 |
Upon receipt of the written request of the Taiwan party and the relevant materials transferred by the Supreme People's Court, the Higher People's Court of Tibet Autonomous Region immediately docketed the case and designated two judges of its civil division II, Dawa Tsering and Tsering Wangdan, to be responsible for handling the case. Despite the severe winter weather, the two judges soon went to Gongbo'gyamda County of Nyingchi Prefecture to conduct investigation and take evidence. When learning that the Health Service Center of Gongbo'gyamda County did not make medical records in the treatment of the patient, Li, due to the constraints of local conditions and management level, the two judges required the doctors in charge and nurses of the Center to give a written explanation on their medical treatment at that time, and contacted the police officers of the Police Station of Cuogao Township in Gongbo'gyamda County who notified the Center to treat the patient to provide relevant information on site. According to the information provided by the police officers, the two judges went on their overnight trip to Bahe Town, Gongbo'gyamda County, and found out the two physicians of Yu'nan Clinic and Shengkui Clinic at Bahe Town who jointly treated the patient at the request of the police officers at that time, requiring the two physicians to separately issue a written explanation on their emergency treatment at that time. Because the medical station of Basongtso Lake as mentioned in the written request of the Taiwan Party for investigation and evidence-taking did not exist, in order to further verify the relevant circumstances, the two judges went to conduct investigation and take evidence at the Health Centers of Cuogao Township and Bahe Town in Gongbo'gyamda County, the two medical entities which the patient passed during his trip from Basongtso Lake to the traffic checkpoint of Gongbo'gyamda County, and confirmed that the two medical entities did not treat the patient at that time. After the completion of the investigation and evidence-taking, the Higher People's Court of Tibet Autonomous Region fully classified the evidence taken by them, sorted and printed some of the handwritten depositions of witnesses which were difficult to be identified, verified the photocopies of the documentary evidence obtained throughout the entire process with the originals thereof one by one and affixed with the official seal thereto for confirmation, gave a detailed explanation on the process of investigation and evidence-taking, and then submitted the relevant materials to the Supreme People's Court within the prescribed time limit of handling. Upon receipt of the evidence-taking results, the contact person of the Supreme People's Court for the Agreement made a reply to the Taiwan party in a timely manner.
．．．．．． | | 西藏自治区高级人民法院在收到最高人民法院转送的台方请求书及相关材料后，立即立案并指定该院民事审判第二庭达娃次仁、次仁旺旦两位法官负责办理。两位承办法官不顾严冬天气严寒，随即远赴林芝地区工布江达县调查取证。在得知因当时条件和管理水平所限，工布江达县卫生服务中心在救治患者李某某时并未制作病历资料后，两位承办法官要求该中心当时的出诊医师和护士就接诊救治的有关情况作出书面说明，而且联系当时通知该院前去接诊救治患者的工布江达县措高乡派出所警官到场介绍情况。根据该警官的介绍，两位承办法官又连夜赶到工布江达县巴河镇，找到当时依警方要求共同对患者进行救治的巴河镇雨阑诊所和省奎诊所的两位医师，由两位医师对当时的急救情况分别出具书面说明。因台方调查取证请求书中所提到的巴松措湖医务站并不存在，为进一步核实清楚有关情况，两位承办法官到患者当时自巴松措湖至工布江达县交通检查站途中经过的工布江达县措高乡中心卫生院和巴河镇中心卫生院两家医疗单位进行调查取证，确认该两家医疗单位在当时并未接诊该患者。在完成上述调查取证工作后，西藏高院将调取的证据完整归类，对部分不易辨认的手写的证人证言予以整理打印，对所取得的书证复印件均与原件逐一进行核对并加盖印章予以确认，并对调查取证经过作出详尽说明后，在规定办理时限内向最高人民法院报送了有关材料。最高人民法院协议联络人在收到取证结果后及时对台作出回复。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥1200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |