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The mainland and Hong Kong Civil and Commercial Judgments mutual recognition and enforcement

Author: PengZuoZuo
Tutor: XuanZengYi
School: China University of Political Science
Course: International Law
Keywords: Judgment Recognition and enforcement of The integration of legal systems Mode
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 123
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Abstract

Hong Kong and Macao's return to the motherland, in accordance with the principle of \jurisdictions pattern. Mainland, Hong Kong, Macao's unique legal system and legal traditions, the last part of the judgment of the justice of mutual recognition and enforcement academia has been the focus of attention. With the signing of the Mainland and Hong Kong and Macao CEPA agreement, the economic exchanges between the three become increasingly close, a large number of trade disputes between the three, in the face of a large number of judgments is difficult to mutual recognition and enforcement of the status quo, the three relevant departments and legal scholars are actively thinking about how to make the judgment are various independent law domain mutually recognize and implement the Mainland and Hong Kong and Macao China Manufacturers Judgments mutual recognition of and implementation of the mode of operation should be how to design? of theoretical academic through the world's multi-jurisdictional national inspection and research, proposed various modes, however, able to meet China's \According to the Hong Kong Basic Law and the provisions of the Basic Law of Macau, the Mainland and Hong Kong Olympic basis for organizing the existing and successful practice of judicial assistance agreement were signed between the Mainland and the Hong Kong Special Administrative Region courts of mutual recognition and enforcement of the agreement between the parties under the jurisdiction of civil and commercial matters Judgments arrangements in the Mainland and Macao Special Administrative Region (SAR) on the mutual recognition and implementation of the Civil and Commercial Judgments arrangements \However, through a comparative analysis that the two judgments arrangements still have many limitations, another Hong Kong and Macau also failed to Judgments and execution to reach an agreement, this situation makes it three of Judgments in Civil and Commercial Matters not affect the CEPA system in the free flow of the three the operation, resulting in three judicial unbalanced. Thus, from the whole idea and the current status quo analysis put forward in this article point of view: Extended the mode of judgment arrangements \The judgments arrangements, mutual recognition and enforcement of the mode of operation as the three between the Civil and Commercial Judgments. Traditional differences in the Mainland and Hong Kong and Macao legal judgment could not flow freely in the three biggest obstacles, therefore, the basic premise from the Two fusion analysis of two legal systems the possibility of integration between the world and three blend infer legal differences lie in the three consultation exchange can be driven by economic policy of CEPA system to achieve coexistence fusion, to arrive at the feasibility of the model of trilateral consultative arrangements put forward the principle of the pattern to be followed and attention problem.

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