Conflict And Coordination Of The Mainland Of China And The Hong Kong Special Administrative Region Of Civil And Commercial Cases Jurisdiction

What this article elaborates is people commercial cases jurisdiction conflict and the coordinated question of the inland of China and the Hong Kong Special Administrative Region.The article begin with a case in the inland which related with Hong Kong, draws out the inland and the Hong Kong Special Administrative Region people commercial cases' conflict question. Narrated separately inland and Hong Kong's foreign trading people commercial jurisdiction system, and has carried on the related question comparison; have carried on the thorough excavation and the elaboration to this conflict's present situation and the reason. Afterward makes the discussion to the coordinated principle, the essential way and the concrete rule.This article mainly constitutes by following three parts:The first part elaborated the inland and Hong Kong area foreign people commercial cases jurisdiction system separately. To coordinate the two areas' jurisdiction conflict, must first know and clarify the related question which this conflict involves. But so far, When the two places in face the people commercial cases which fords mutually, are mainly processes according to the related foreign people trading law. The foreign people trading jurisdiction's system of the inland forms gradually, it takes the main connection factor by the region, implements "the plaintiff on the defendant" jurisdiction principle. By facilitates the litigant principle, "closest linking factor" as well as is advantageous to aspects decision execution considered to decides the Forum competens. The litigant could choice the actual relation place court as the Forum competens through the written agreement . Moreover,should first choise the international convention stipulation which already participated. In Hong Kong, Foreign people commercial cases jurisdiction system take "substantial control principle" as general jurisdiction principle, concurrently picks the special jurisdiction, the agreement jurisdiction, the exclusive jurisdiction and principles and so on not convenient court. From July 1, 1997, some 214 international conventions is suitable for Hong Kong. The second part elaborated two place people commercial cases jurisdiction conflict present situation and the reason. The commercial cases jurisdiction conflict's present situation between the two places is exceptionally complex. Investigates its reason, has social system's difference, has the jurisdiction theory and the jurisdiction system is different, has concretely regarding, the special case legal rule difference, or both sides to connect the factor the limits to be different, as well as connection factor concrete scope and content different and so on, this possibly cause in the jurisdiction conflict. This article has studied the related research to these reasonsThe third part elaborated the coordination of the people commercial cases jurisdiction conflict between the two place. How to solve the legal conflict which between two places, not only relates the case litigant's vital interest, also will affect two places between the regional economies integration development, and even entire China's future. This article does try to discuss how to coordinated the jurisdiction conflict between the two place through the related way and measures, under the existing political system skeleton and the "one country two systems" thought instruction. This coordinated must observe the "one country two systems" principle,, promote and maintain country uniform principle, this is the starting point and ultimate objection in our country solves Hong Kong question; Observes the equality and mutual benefit, promote and safeguard the normal area border people trading contact principle, Requests various areas entrusts with the equal to this local and other local litigant the legal status, and gives the same level legal protection to their legitimate rights and interests; observes the coordinated and courtesy principle, respect and coordinate each other,insisting that the incident cannot manage again. This article think that the practical effective concrete coordinated way has two: First, consultative way; Second, "the self-limit" relaxes gradually through the jurisdiction. Afterward, also elaborated some concrete rules that coordinated must observe: just as unification various areas exclusive jurisdiction principle gradually, through jurisdiction "self-limit" coordinate jurisdiction conflict, supports "the incident cannot manage again" jurisdiction principle and so on.