On The Interregional Judical Assistance Of Ciuil And Commercial Affairs Between The Mainland,Hongkong,Malao And Taiwan

The interregional civil and commercial judicial assistance refers to the cooperation and mutual aid between civil and commercial judicial realm by judicial organs in different judicial regions of the same sovereignty. At present, the main content of the intersectional civil and commercial judicial assistance contains delivery on one's behalf and evidence collection, mutual acknowledgement and carrying out the court referee and the arbitration ruling.With the existence of the special case of Hong Kong's and Macao's return and the Taiwan area, our country has already turned from the original one with a single legal system to the present one with multi-dimensional state legal systems and has formed a complicated situation of "One Country, Two Systems, Three Legal Systems, Four Law Regions". At present, the four areas have formed a jointly-developed "Chinese economic cycle" and the inland civil and commercial law cases involving Hong-Kong, Macao and Taiwan increased obviously, so the civil and commercial judicial assistance among the four regions seems more and more important.At present, the inland of our country and Hong Kong have signed "The Arrangement About Mutual Entrusted Delivery of the Civil and Commercial Judicial Writ" and "The Arrangement About Mutual Execution of Arbitration Ruling" and the inland and Macao have signed "The Arrangement About Mutual Entrusted Delivery of the Civil and Commercial Judicial Writ and Evidence Collection", but the inland and Taiwan haven't signed the related agreement, only adopting folk or unilateral behavior. The signature of the above agreements is of certain help and positive sense to solve the civil and commercial judicial assistance among the inland, Hong Kong, Macao andTaiwan, but the present situation still could not satisfy the request which the gradual mutual social and economical life penetration among various judicial region. The interregional civil and commercial judicial assistance was far away from realization in the true sense. Therefore, the systems of the interregional civil and commercial judicial assistance in our country need further improvement.With the comparing method, this article based on the analysis of the status quo of the civil and commercial judicial assistance among the inland, Hong Kong, Macao and Taiwan to bring forward the existing problems in the practice of the interregional civil and commercial judicial assistance and probe into the problems such as the characteristics, quality, principles, range and mode of the interregional civil and commercial judicial assistance with the judicatory practice.