On China's Inter-District Civil And Commercial Jurisdiction Over The Resolution Of The Conflict

With Hong Kong, Macao's return to China in recent years, as well as the Mainland and Hong Kong and Macao special administrative regions between the signing and implementation of CEPA, the Chinese mainland and Hong Kong and Macao Special Administrative Region of the link between more closely and frequently, thus in the economic and cultural exchanges , Will inevitably have a life this way, as the conflict, together with the Chinese mainland, Hong Kong and Macao Special Administrative Region implemented between the different legal systems, and the different legal systems of mutual recognition between the extraterritorial effects of each other, making our country further into Multi-national jurisdictions, district level then have a conflict of laws. Not only that, the three places between the economic and trade relations between the further expansion of this regional conflict between the law is increasingly prominent. Mainland China and Hong Kong and Macao special administrative regions have their own foreign-related cases heard by the applicable rules of procedure, but were not developed or improved before the Regional civil and commercial cases the jurisdiction of the rules. Moreover, among the three places will be civil and commercial cases involving foreign-related cases, as with applicable local and foreign-related civil and commercial cases on the jurisdiction of the rules, in accordance with the relevant provisions of the Basic Law, the SAR on civil and commercial cases jurisdiction of the law will remain unchanged, Coupled with the three places on civil and commercial matters have not yet reached an agreement jurisdiction, and their original approach will continue and therefore jurisdiction in civil and commercial matters of conflict is inevitable. Although the three places have adopted their own legislation to avoid the occurrence of conflicts of jurisdiction, because of a lack of communication and consensus, not unilateral legislative means to fundamentally eliminate conflicts of jurisdiction. As a result, coordination and resolution of these conflicts not only between the jurisdictions is to ensure mutual recognition and enforcement of judgment on the premise that more is to uphold the legitimate rights and interests of the parties to ensure that the Civil and Commercial Matters stability and the promotion of relations between the various jurisdictions economic exchanges between the urgent need.The European Union as the international community in a new type of integration organizations, has developed into a multi-level structure of the world the important one, and the EU has jurisdiction over civil and commercial law in the EU is the fastest growing areas of its Research is of great theoretical and practical significance. In this paper, to explore the EU jurisdiction in civil and commercial aspects of the experience gained and lessons, in line with China's national conditions of China's establishment of the jurisdiction of civil and commercial systems, coordination of regional conflicts of jurisdiction in civil and commercial matters is of important significance.This paper discusses the five parts:The first part of China's inter-district civil and commercial jurisdiction over the issue of conflict and, through a divorce cases to illustrate.The second part from China's mainland and Hong Kong, Macao and China to matter jurisdiction of the causes of conflict, characteristics and determined that relatively few aspects, respectively, on the occasion of China's area of jurisdiction in civil and commercial matters is how the conflict, showing the characteristics, and China Each jurisdiction is through the development of relevant laws to determine jurisdiction.The third part from the EU civil and commercial jurisdiction of the causes of conflict, characteristics, identify and coordinate several aspects, namely on the EU's jurisdiction in civil and commercial matters have shown the characteristics and the EU to follow their principles to deal with the public Commercial conflicts of jurisdiction.The fourth part of China's inter-district public civil and commercial matters conflict with the EU civil and commercial matters the conflict, through their agreement in principle jurisdiction, such as determining the direct jurisdiction of the common, as well as in cultural background, and other types of law to carry out the differences Note.The fifth Part of that civil and commercial jurisdiction of the European Union on China's inter-district civil and commercial jurisdiction of the Enlightenment, is conducive to China's mainland, Hong Kong and Macao regions between the three places of jurisdiction in civil and commercial matters the purpose of the resolution of the conflict proceed to the relevant measures to China to solve regional conflicts of jurisdiction in civil and commercial matters as well as on China's inter-district civil and commercial jurisdiction of conflict resolution thinking.