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Civil Jurisdiction And Verdict's Acknowledgement And Enforcement Of Chinese Mainland And Hong Kong

Posted on:2007-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2166360185990956Subject:International law
Abstract/Summary:PDF Full Text Request
After Hong Kong returned to the motherland empress, according to the " one country, two systems" principle, Mainland and Hong Kong are under the same sovereign state, Hong Kong becomes the People Republic of China' s a Special Administrative Region, but basis on 《 the People Republic of China Hong Kong Special Administrative Region fundamental law 》, Hong Kong possesses the independence that is with the right of final trial, practices law system that differs from the hinterland' s law system, and becomes the different leagalregion with hinterland. And putting along with the practice of 《hinterland and more close economics and trade relationship in Hong Kong of arrangement 》 ( brief name CEPA), it accelerated the economic integral whole in region , we need solve every kind of dispute that appears in goods, service, personnel, capital and now Mainland with Hong Kong apply respectively on the laws about civil jurisdiction and the verdict' s acknowledgement and enforcement , the conflict inevitably exsits, and it is also impossible to mutually enforce verdict free , and therefore there exsits in that both sides very big obstacle. If this kind of obstacle is not solved as soon as possible , would not only affect the party concerned' s rights, but also affect the circulating of right economy result in the obstacle, even affect the benefits of whole nation.Aim at now of the circumstance, writer think that it really has the necessity to study the aspect' s law of the concerning two side conflict of civil jurisdiction and the verdict' s acknowledgement and enforcement , and should join together China actual on the foundation of the current research result with other nation, the region's way of doing, try to look for the fit coordination method and solution, then solve the conflict of two sides on the civil jurisdiction and the verdict's acknowledgement and enforcement , dissolve parallel litigation, realize mutually the verdict's acknowledgement and enforcement .This thesis is from the conflict of civil jurisdiction and the verdict's acknowledgement and enforcement to proceed respectively analysis, study the reason and character, combine the related lawmaking of Chinese Mainland and Hong Kong , analysis two sides' lawmaking advantage and lack, draw lessons from the other and valid experience with way of doing ( such as 《 Brussels Convention 》 , because it roughly insures each member's country to suffer unify of common rule of stipulation, dissolves past...
Keywords/Search Tags:Law conflict, Civil jurisdiction, The verdict's acknowledgement and enforcement, Public order reservation
PDF Full Text Request
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