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Mainland China and Hong Kong Civil and Commercial Judgments Recognition and Enforcement

Author: ChenSiZuo
Tutor: TianXiaoYunï¼›XiangQingMei
School: North China University of
Course: Civil and Commercial Law
Keywords: Interregional Judicial Assistance Mainland and Hong Kong Civil and Commercial Judgments Recognition and Enforcement of
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 98
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Abstract


Since the founding of the People's Republic of China in 1949, China has maintained a unified political system and the justice system. After the reunification, according to the principle of \Therefore, the Mainland and the Hong Kong Special Administrative Region is facing an unprecedented conflict of laws. Increased along with the Mainland and the Hong Kong Special Administrative Region of civil and commercial exchanges between the two places, civil and commercial cases are increasing, so the two mutual legal assistance is particularly important. There is no doubt that the most important issue of the Court of Civil and Commercial Judgments Recognition and Enforcement of the Mainland and the Hong Kong Special Administrative Region judicial assistance, only circulation of judgments in civil and commercial matters in both places, in order to better protect the rights of the parties to promote bilateral trade and sustainable and healthy development. Mainland and the Hong Kong Special Administrative Region of the recognition and enforcement of judgments in civil and commercial cases has been reached on the Arrangement between the Mainland and the Hong Kong Special Administrative Region Court of mutual recognition and enforcement of the agreement between the parties under the jurisdiction of civil and commercial cases judgment (hereinafter referred to as the \Arrangement adjustment range is too small, can not meet the needs of economic and trade exchanges between the two places. In view of this situation, I believe that should the Mainland and the Hong Kong Special Administrative Region Court of Civil and Commercial Judgments Recognition and Enforcement of research, combined with China's actual and other countries and regions on the basis of existing research practice, try to find the appropriate coordination ways and solutions to solve the conflict of laws on jurisdiction and the recognition and enforcement of judgments between the two places, the circulation of the judgment in two places. With the help of existing domestic and foreign research data and existing achievements, recognition of judgments and the many problems involved in the implementation of a more comprehensive, in-depth and systematic study of the two civil and commercial cases. The body of the article is divided into six parts, first introduced the Interregional Judicial Assistance in the judgment of the Court with the recognition of the basic problems, the Mainland and the Hong Kong Special Administrative Region judgment recognition and enforcement status quo. Then, one by one, the Mainland and the Hong Kong Special Administrative Region Court judgment recognition and enforcement of conditions. Next, the author through the relevant international treaties and jurisdictions other multi-national inter-district court judgment recognition and enforcement of the existing research on the basis of the Chinese scholars come to the Mainland of China and the Hong Kong Special Administrative Region (HKSAR) should be selected mode of inter-district agreement to resolve two The sentences imposed on the recognition and enforcement. Finally, recognition and enforcement of a number of specific recommendations to solve the Mainland and Hong Kong civil and commercial judgments. This paper attempts to relevant experience in accordance with the actual situation of our country as well as abroad, combined with theoretical summary of certain principles, constructed in the framework of principles to solve the Mainland and Hong Kong judgment recognition and enforcement mode.

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