Mainland China And Hong Kong Civil And Commercial Judgments Recognition And Enforcement Of Study

Since the People's Republic of China (PRC) was established in 1949, the mainland has had a unitary political system and judicial system. However, according to the "one country, two systems" principle, inter-regional conflicts of law was inevitable. And this principle was reaffirmed in the Hong Kong Basic Law. Consequently, Chinese jurists from the Mainland and Hong Kong confronted with the previously unexplored conflicts problems. With the increasing of the business and civil intercommunion, cases involving Mainland and Hong Kong become common, so the interregional of judicial aids is very important, however, the mutual recognition and enforcement of interregional civil and commercial judgments is the most important part of the interregional judicial aids. This problem must be solved for the party concerned rights and benefits of whole nation. Although great progress has been made to the recognition and enforcement of the inter-regional judgment after《the Arrangements of recognition and implementation of Judgments in Civil and Commercial between Mainland and Hong Kong》, they still can not meet the needs of economy development. Aim at now of the circumstance, it is really necessary to study the mutual verdict's recognition and enforcement.With the aid of theory of mutual recognition and enforcement of interregional civil and judgments, this dissertation expatiates the mutual recognition and enforcement of civil jurisdiction in Mainland and Hong Kong. This dissertation is divided into six parts:firstly, introduce basis theory of the interregional judicial assistance in civil and commercial case, then have analysis of existing circumstance about the mutual verdict's recognition and enforcement. Secondly, discussing the conditions which influence the development of mutual verdict's recognition and enforcement between mainland and Hong Kong. And then, research and study the pattern selection of the interregional judicial assistance system in abroad and choose a feasible way to solve the present problem. At last, draft of propose some idiographic issues to consummate the mutual recognition and enforcement of civil and commercial verdict between mainland and Hong Kong.