A Study Of Interregional Parallel Litigation In Civil And Commercial Matter Among Mainland, HongKong And Macao

Interregional parallel litigation finds its source in the conflicts of interregional jurisdictions. China's interregional legal relation first appeared with the return of Hongkong and Macao to China. The special "one country, two system, three law families " phenomena had brought about complicated forms of conflicts, especially in the field of civil and commercial jurisdiction. Interregional parallel litigation therefore become possible. There is no need to enter rivalry with each other over jurisdiction under the circumstances of one sovereign, while to put the interregional parallel litigation on right course with the guarantee of rules and institutions and on the basis of coordination seems to be a pressing matter of the moment.So far as yet, there does not exist an authoritative international institution or a world-wide international treaty making the parallel litigation clearer. Rules and jurisdiction practices toward parallel litigation varies greatly in the world. But in fact, effective rules and methods has been established and put into practice.This thesis contains four chapters.Served as a theory basis, the source of interregional civil and commercial litigation and the conception, key factors and classification of parallel litigation is defined in in Chapter one. The reasonableness of parallel litigation is also discussed.A comparative study on the jurisdiction conflicts between mainland, Hongkong and Macao is made in Chapter two. The topic is related to regional jurisdiction, contractual jurisdiction and exclusive jurisdiction. It also details on the cause of parallel litigation.Based on several case, suggestions for the regulation of interregional parallel litigation is presented in the last Chapter.The thesis is about 4,0000 words.