Civil And Commercial Judicial Assistance Studies Between Shenzhen And Hong Kong

Analysising the existing legal documents about Assistance of private international law and Judicial assistance in Civil and Commercial Matters between Mainland and Hong Kong, we believe that Shenzhen and Hong Kong should develop wider and convenienter cooperation in civil and commercial judicial assistance. According to the existing legal documents about Judicial assistance and actual situation, we believe that Shenzhen and Hong Kong can carry out more extensive cooperation.In this article,we first discussed the significance of judicial cooperation between Shenzhen and Hong Kong, Then discussed the concept and characteristics of judicial cooperation between Shenzhen and Hong Kong,then discusses the legal basis of judicial cooperation between Shenzhen and Hong Kong,at last we expressed some views in mutual recognition and enforcement of Civil and Commercial judgments, civil and commercial instruments served, investigation and evidence collection,etc. In the part of mutual recognition and enforcement of Civil and Commercial judgments,we think first should expand the judgments'areas, then Implement final ruling in some judgments and refinement terms and enhance operational.We also think that Intermediate People's Court of ShenZhen and High Court of Hong Kong can have direct communication and also express our view on the finality problem of judgments.In the part of investigation and evidence collection, we express our view on the scope of investigation and evidence collection, the way and manner of investigation and evidence collection, applicable law, the objection and refused to investigate and collect evidence and the witness privileges, etc. In the part of civil and commercial instruments serve, we express our view on the main body of service, the scope,the method of delivery, the form of delivery and return card, the procedures,the exemption and text service, cost,etc. In short, we think that this is an useful explortion and has reference value for the Judicial assistance between Mainland and Hong Kong.