On The Mainland And Hong Kong Inter-district Civil And Commercial Judicial Assistance

With the one country and two systems policy's coming into effect, the interregional judicial assistance between China's mainland and Hong Kong has been put on the agenda and more and more scholars have been showing concerns to it. But on the whole, the theory and practice fall far behind the need. For example, advance in the interregional judicial assistance is very slowly. Meanwhile, the scope and subject of the interregional judicial assistance are not clear to most scholars. It is imperative to make a thorough inquiry into the interregional judicial assistance between the two regions. This paper begins with the basic theory of the interregional judicial assistance and consists of five parts:Party one analyses the basic theory of the interregional judicial assistance. Firstly, the author states the definition and extension of interregional judicial assistance from the understanding of inter-region and judicial assistance. Meanwhile, the author state with emphasis that assistance is the characteristic of the interregional judicial assistance, and those litigious activities concerning foreign affairs that do not need assistance are not belong to judicial assistance. Then the author indicates that after 1997, the character of the judicial assistance between the mainland and Hong Kong has changed from international to inter-regional.Part two beginning with the law of interregional judicial assistance in some country, analyses that one between the mainland and Hong Kong and indicates international treaty, model law and summing-up document of the courts in mainland can not be laws.Part three analyses Status in quo of judicial assistance between the mainland and Hong Kong. In order to state clearly, the author studies the actuality of the four fields respectively: investigation and taking of evidence, document delivery, recognition and enforcement of arbitration award and judgment.Part four analyses the problems and reasons of the interregional judicial assistance. On the basic of analyzing the legislative authority, actuality and status in quo of judicial assistance between the mainland and Hong Kong, the author concludes that...