A Study On The Recognition And Enforcement Of Civil And Commercial Decisions In China

Chinese inter-regional legal relation first appeared with the practice of the great conception---"One nation, Two system". The special"one nation, two system, three law families"phenomena appears in our country, so different laws apply in different law districts. Because people living in different law district are administrated by different laws, when they build legal relationships across scope of law, interregional conflict of laws appear. The recognition and enforcement of court decisions is the ultimate and most crucial of inter-region conflicts problems. How to solve subsistent problems of recognition and enforcement of civil and commercial decisions and perfect recognition and enforcement system of interregional civil and commercial decisions in china has seemed to be a pressing matter of the moment. This thesis contains five chapters:The first part started with the definition of the scope of law, the signification and speciality of China interregional conflict of law, the range of civil and commercial decisions, also the relationship between recognition and enforcement are introduced in chapter one. The former part decides the basic point of the settlement, and the later one may be a new point of view for this topic.International recognition and enforcement of civil and commercial decisions theories are introduced in the second part, on the basis of each specialty of international and inter-regional recognition and enforcement of civil and commercial decisions, the author discuss the theory of inter-regional recognition and enforcement of civil and commercial decisions from nomological point of view.Using other countries' perfect practical modes and ways of solve the problem of inter-regional recognition and enforcement of civil and commercial decisions, particular UK,USA and Canada, how to dispose inter-regional recognition and enforcement of civil and commercial decisions in our country is discussed in chapter three.The fourth part introduces the legislation on recognition and enforcement of civil and commercial decisions of foreign countries or otherregions in mainland,Macao,Hongkong and Taiwan briefly, and also introduces the legislation on recognition and enforcement of civil and commercial decisions of each other among these regions. Then the author analyses the sameness and difference among"98stipulation","Macao arrangement"and"Hongkong arrangement".The fifth part is on the mode choice and system construction of recognition and enforcement of inter-regional civil and commercial decisions in China. How to perfect recognition and enforcement system of inter-regional civil and commercial decisions in China is the key content which the author discusses.First the author analyses subsistent problems of recognition and enforcement of civil and commercial decisions in our country including the reservation of public order and jurisdiction conflicts between mainland and Taiwan,the range of the decisions and finality of the judgments between inland and Hongkong,legal status of"Macao arrangement"and"Hongkong arrangement", then provides the ways to solve these problems.Second, which mode should be adopted is the premise of the problems in China. Based on the analysis of the modes put forward by Chinese scholars, the author points at that the modes mentioned above are not suitable for Chinese national conditions. Nowadays, the best mode choice of recognition and enforcement of inter-regional civil and commercial decisions in China is the constitutional law adding bilateral agreement mode. The author gives more details on the reasons for adopting this mode. Moreover the author believes that establishing relatively integrated recognition and enforcement of inter-regional civil and commercial decisions system in China is our goal.Third discuss the crucial problems that we should solve before establishing relatively integrated recognition and enforcement of inter-regional civil and commercial decisions system in China, one is jurisdiction conflicts, the other is the reservation of public order.Finally how to adopt the reasonable,orderly and versatile procedure of recognition and enforcement by each legal area are the key of the problem. The author has made preliminary opinions on conditions of recognition and enforcement of inter-regional civil and commercial decisions,the scope ofthe civil and commercial decisions,who is entitled the rights to raise an action and the submitted data,the method of recognition and enforcement of judgments,on which condition the decisions will be refused,compensation measures after rejecting recognition and enforcement.