The Research On The Inter-regional Conflicts In Civil Jurisdiction In China

After the return of Hong Kong and Macao ,China become a nation with"one country, two systems",three law families, and four legal regions. We must confront these previously unexplored conflict problems. There is a preliminary research on the inter-regional conflicts in civil jurisdiction. The full paper is composed of four chapters: the first chapter introduces the prerequisite topics of inter-regional conflicts of jurisdiction; the second chapter researches the legislation and judicial practice of inter-regional conflicts in civil jurisdiction in the Mainland, Hong Kong and Macao regions; the third chapter mainly analyses the models of dealing with the inter-regional conflicts in civil jurisdiction in Britain, the United States ; the last chapter is about the coordination channel of the inter-regional conflicts in civil jurisdiction.Chapter One elaborates the prerequisite topics of inter-regional conflicts of jurisdiction. Firstly, it summarizes the conception of inter-regional conflicts of law. Inter-regional conflicts of law are the inevitable as a result of the return of Hong Kong and Macao. At the same time, the civil contacts and commercial transactions between the Mainland, Kong and Macao, thus, inter-regional conflict of issues are emerging. Because the emerging of inter-regional conflict of issues are a by-product of unification, they will have certain distinctive characteristics that will distinguish them from these that arise in other compound legal system. Secondly, it analyses the significances of jurisdiction to litigants and courts respectively as well as the representation thereof in inter-regional civil cases, and figures out the root of jurisdiction conflicts. It introduces the classification of civil jurisdiction conflicts, maintaining that inter-regional civil jurisdiction conflicts should be distinguished from that of international civil jurisdiction. The former should adopt the effective measures and ripe experiences of the latter, while as to the latter, there should be more choices for its relative policies, and the solution more flexible and diverse. The reasons of conflicts of law in China are complicated. Generally speaking, the following conditions within our country can create conflicts between inter-regional law: the theories of jurisdiction are different; the comprehension and definition of the connecting factors are variable.Chapter Two researches the legislation and judicial practice of inter-regional conflict in civil jurisdiction in the Mainland, Hong Kong and Macao regions. To begin with, there are no laws and procedures to enact the cases involving Hong Kong and Macao in the Mainland. With Hong Kong retaining a legal system deeply influenced by British common law, the principle of effectiveness is very important. Finally, the legal system in Macao has been heavily influenced by the Portuguese civil law system. Macao's jurisdiction in civil cases generally can be divided into three categories: the grade jurisdiction; the district jurisdiction; the exclusive jurisdiction.Chapter Three the article mainly introduces three proposals: " written code", "constitution pattern". We can expect a certain amount of enlightenments : The model chosen by Britain, the United States each has their own historical and cultural traditions and the source of the law. The article analyses the practice and experience of Britain, the United States and the in dealing with interior civil jurisdiction conflicts, and eventually concludes that inter-regional civil jurisdiction conflicts in our country are quite different from that of other countries, which make it necessary to adopt some special systems and measures conforming to our country's conditions.Chapter Four is about the coordination channels of the inter-regional conflicts in civil jurisdiction. In the view of the European Union, enacting nationally unified rules governing conflicts of law is a desirable and feasible solution to China's emerging inter-regional conflicts in civil jurisdiction, but it will not be an easy task. Compared with Australian and Canada, the inter-regional conflicts of laws statute should separate the rules applicable to international conflicts of law from the rules that enact the inter-regional conflicts of law. We should be performed in accordance with the principles of analytical jurisdiction and comparative law of universal application. Finally, we consider the idea of joint legislation. We can set up a joint legislative and it could be authorized to enacting laws. As an intermediate solution, China needs unified conflicts rules for resolving the inter-regional conflicts of jurisdiction. Speaking of the judicial coordination, first of all, it is not applicable to apply the principle of non bis in idem to the case involving the Mainland, Hong Kong and Macao. Secondly, the deficient of the principle of the forum non convenience is its uncertainty and it is difficult to predict. Finally, we propose the idea of a joint judicature. The author believes that it is very important and necessary to set up a joint court that composed of the courts of the Mainland, Hong Kong and Macao. We can constitute a joint court which has the cognizance to judge the relative cases. The joint judicature could coordinate the conflicts of jurisdiction in China.We have elaborated two models of joint legislation and joint judicature. With a view of solving the problems perspective, compared with the joint legislative, we think that the joint judicature should be preferential and more suitable for us to executive. The strategies and recommendations in this paper are tentative and preliminary, but there are still a number of specific issues that are crucial to the interregional conflicts in civil jurisdiction in China.