(1) On the scope of criminal appeal cases involving Taiwan. Where Taiwan personnel and Taiwan Province compatriots lodge complaints for themselves (including themselves) or their close relatives, and the close relatives of Taiwan personnel lodge complaints for criminal cases involving Taiwan personnel, they all belong to Taiwan-related criminal complaint cases and should be accepted.
(2) Basic principles for handling Taiwan-related criminal appeal cases. To deal with such cases, we should conscientiously implement the spirit of "Zhengzhou Conference" and "Changchun Conference". In accordance with the line, principles and policies of the Party since the Third Plenary Session of the Eleventh Central Committee and the spirit of the Resolution on Some Historical Issues of the Party since the Founding of the People's Republic of China, we should adhere to the principle of seeking truth from facts and correcting mistakes, adhere to the viewpoint of historical materialism, and analyze specific cases. Unless the Central Committee clearly stipulates that commutation and correction should be made, it should generally be handled in accordance with the policies and laws at that time. Anyone who should change the sentence according to the original policy boundaries will change it; If the original judgment should be upheld, it will be upheld. No matter whether the sentence is revised or the original judgment is upheld, it must be reasonable, reasonable and legal, and the facts of the case must be made solid, so that the handling of the case can be justified and well-founded. As a special case, cases involving some senior celebrities of the Kuomintang should be carefully considered and properly handled from the overall situation conducive to the reunification of the motherland.
(3) Handling of counter-revolutionary cases. Counter-revolutionary cases, if judged during the land reform and counter-revolutionary movement in the early days of the founding of the People's Republic of China, should be treated with caution and handled in strict accordance with the policies and laws at that time; If the sentence is imposed during or after the counter-revolution, it shall be handled in accordance with the Interim Provisions on Interpreting and Handling the Policy Boundaries of Counter-revolutionaries and Other Bad Elements approved by the Central Committee of the Ten-member Group and its supplementary explanations. In 1958, the cases of internal retention of anti-criminals and bad elements that were reprocessed shall be handled in accordance with the provisions of document < 1982 > 15 issued by the central government.
(four) on the handling of shielding counter-revolutionary cases. In a case sentenced for harboring a counter-revolutionary crime, if the sheltered person was indeed a counter-revolutionary criminal at that time, the original judgment shall be upheld; If the sheltered person was not a counter-revolutionary criminal at that time, he should be sentenced realistically.
(5) About the return of wrongly confiscated property. If the verdict is not guilty, the personal property confiscated by the original judgment or ruling shall be returned in accordance with the provisions of the General Office of the Central Committee of the CPC No.9 and No.6 documents. However, the property of rural landlords, private houses in cities and towns and private enterprises confiscated by judgment before the land reform and socialist transformation shall be handled in accordance with the relevant provisions of land reform, socialist transformation of private houses and public-private partnership respectively. When the house is returned, it shall be implemented in accordance with the Notice of the Supreme People's Court, the Ministry of Urban and Rural Development, and the Environmental Protection Law (Research) No.30 on Handling Private Property in Historical Cases. Gold and silver and their products confiscated by mistake before the "Cultural Revolution" should be returned at the changed price at that time.
There is no civilized stipulation in the central government on whether the property confiscated by the original judgment should be returned in the case of commutation and exemption from punishment, not being investigated for criminal responsibility, and letting bygones be bygones for defectors in the uprising. Dealing with such cases focuses on political settlement, and the property confiscated by the original judgment is generally not returned. However, if the parties to the case have defected to the uprising, they shall be dealt with according to the policy of defecting to the uprising, and if they belong to patriotic celebrities, the handling may be appropriately relaxed.
(six) on the return of escrow property. In the early days of liberation, the people's court ruled that the houses of Kuomintang military and political personnel in custody should be returned according to the spirit of the General Office of the Central Committee of the CPC No.7 Document "On Handling the Problems of Abandoned Houses by Kuomintang Military and Political Personnel, Mainly Solving the Housing Problems of Some Returned Settlers". Referring to the spirit of Document No.7 of the Central Office, other property of Kuomintang military and political personnel entrusted by the people's court shall not be developed in principle. If the people's court originally ruled to keep houses and other property that do not belong to Kuomintang military and political personnel, it shall revoke the ruling and handle it by the relevant departments. 3. The meeting held that the following policies and legal principles should be grasped in the trial of civil cases of personal relations and property relations between people going to Taiwan and Taiwan Province compatriots:
(1) About marriage. The people's court should consider the long-term separation of people on both sides of the strait, proceed from the current situation that is conducive to stabilizing marriage and family relations, and deal with marriage disputes arising from the separation of people on both sides of the strait and Taiwan Province Province according to the basic principle of monogamy in China's marriage law.
After the separation of the two parties, the people's court has decided to divorce, and now both parties request to restore the relationship between husband and wife and to cancel the judgment. If both parties have not remarried, they may make a ruling to revoke the original judgment and declare the marriage relationship restored; If one or both spouses have divorced or died after remarriage, they should re-register for marriage. After separation, the two parties get married alone or live together with others as husband and wife for a long time without going through the divorce formalities. If a mainland party requests a divorce from a remarried spouse, the people's court shall handle it in accordance with the provisions of Article 25 of the Marriage Law; The people's court shall accept a request for divorce from Taiwan Province's spouse after a party to Taiwan has settled in the mainland, and make a judgment according to law.
(2) About marital property. If the original spouse is required to return the pre-marital property or divide the marital property, and the property has been used by the original spouse to raise children, support the elderly and family life, the people's court shall persuade the party going to Taiwan to withdraw the lawsuit or dismiss the lawsuit; If the amount of disputed property is large and the subject matter still exists, it may be divided as appropriate.
(3) About maintenance, support and adoption. The people's court does not support the mainland's claim that the adult children who came to Taiwan came to the mainland in the past. Persons who have settled in the mainland and come to Taiwan require their children to support them, and shall be ordered to bear the obligation of support according to law. However, if the child has been adopted by others according to law, it will not bear the obligation to support the biological father or mother before the adoption relationship is terminated. If an adopted child asks to terminate the adoption relationship because his biological father or mother has returned to the mainland, or if a person who goes to Taiwan asks to terminate the adoption relationship, it should be handled carefully according to the actual situation of the relationship among adoptive parents, adopted children and biological parents.
(4) About inheritance. People's courts shall protect those who go to Taiwan Province and Taiwan Province compatriots who claim the right of inheritance on the mainland. Requests for the share of inheritance reserved for themselves in the judgment of the people's court shall be handled in accordance with the execution procedures; If a case has been concluded but the right of inheritance has not been guaranteed, it can be retried according to the procedure of trial supervision, and its share of inheritance can be protected according to law, and the share can be determined according to the actual situation. The people's court may, as a special case, extend the limitation of action in accordance with the law in cases of inheritance filed by Taiwan Province compatriots and Taiwan Province compatriots to the people's court for more than 20 years; Those who know or should know that their rights have been violated for more than two years may be dealt with in accordance with the provisions of Article 15 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Inheritance Law of People's Republic of China (PRC). In the future, when the people's court hears inheritance cases, it shall inform Taiwan Province's legal heirs to participate in the proceedings; If you can't notify, you can keep the share you should inherit. And appoint a custodian of the property.
(5) About real estate. If it is the implementation of the policy, the people's court shall inform the people going to Taiwan and Taiwan Province compatriots to go to the relevant departments to solve real estate disputes; If it is a civil rights dispute, the relevant people's court shall accept it according to law. Taiwan compatriots who go to Taiwan ask for the redemption of the houses that have been made before the stage. If they have been resolved in the land reform or the mortgagee has obtained ownership according to law after the expiration of the standard period, they will not be changed; If the policies and laws stipulate that it can be redeemed, it should be allowed. If the houses owned by Taiwan Province tourists and Taiwan Province compatriots are occupied or disposed of by others, they should be properly handled according to the specific circumstances of the dispute in line with the principle of protecting the legitimate rights and interests of property owners. The houses of Taiwan personnel and Taiwan compatriots were entrusted to individual citizens for safekeeping before going to Taiwan, and they are still kept by individuals. People going to Taiwan and Taiwan Province compatriots who want to cancel or change the guardianship relationship shall generally be allowed.
(6) With regard to debts, the people's court shall accept the creditor's rights and debts that occurred between individuals before going to Taiwan, and handle them reasonably according to the facts of the case and the current economic situation of both parties.
(7) On the issue of evidence. When people going to Taiwan and Taiwan Province compatriots bring a lawsuit in the people's court, they shall provide relevant certificates in accordance with the provisions of mainland laws. Documents provided by notary organs or other departments and non-governmental organizations in Taiwan Province Province can be used as evidence. However, for the certification documents issued in the name of "Republic of China", the name should be changed through appropriate channels.