Research On Settling Mechanism To Interregional Parallel Litigation Among Mainland And Hong Kong

With the development of trade between Mainland and Hong Kong, both regions recognized that the parties should be legally relieved without delay. However, the interregional parallel litigation has caused inconvenience to both the parties and courts, the parties have to spend more time and energy for parallel litigation, and in the meantime, the courts in both Mainland and Hong Kong should spend time for the same legal problem. We should try to find the way out to get over this. This paper begins from analyzing the phenomenon of parallel litigation, skim through the common ways to solve parallel litigation in the world in order to refer them, on the basis of investigation of legislation and judicial practice about interregional parallel litigation between Mainland and Hong Kong, finally come up with the proposal to settle the interregional parallel litigation between Mainland and Hong Kong. To settle the problem, reaching an agreement on recognition and enforcement of mutual judgement is a good choice, after it is reached, the interregional parallel litigation can be largely decresed though the recognition of mutual judgement, for the litigaition which hasen't got the judgement, recognition prognosis can be used. Of course,before the agreement is reached, according to the most significant relationship, we can temporarily use forum nonconvenience doctrine and the fist–filed rule as a transition scheme.