A Study On The Recognition And Enforcement Of Civil Judgments Between Mainland And Hong Kong

With the increasing economic activities held between the Mainland and Hong Kong,civil and commercial disputes have become more frequent in these years.The parties submit their disputes to court with the intention of having the matter been resolved in a speedy way.After the issue of the court judgment,the next question is the recognition and enforcement of the award in the Mainland or the Hong Kong Court.After returning,the lack of the recognition and enforcements system of civil judgments leads the two sides to face a predicament.Therefore,the two side have started consultations on the mutual recognition and enforcement of civil judgments since 2002,and finally signed "the Mainland and Hong Kong and the implementation of mutual recognition agreement of the parties under the jurisdiction of civil and commercial cases judgment arrangements"(hereinafter referred to as "the arrangements") in 2006."The arrangement" filled the legislative gaps in the mutual recognition and enforcement of Judgments between the two sides,but there are also some drawbacks in "the arrangement".It does not fundamentally solve the problem. Therefore,it is necessary to construct a complete system on the basis of "the arrangements" to solve the problems of the recognition and enforcement of civil decisions between the two sides.