Study On The Civil And Commercial Interregional Judicial Cooperation Between The Chinese Mainland And Macao

When one country and two systems policy come true in China, the interregional judicial assistance has been an important issue between Chinese mainland and Macao. And the same time, more and more scholars show concern about it. But the fact is that the interregional judicial is far from perfect. For example, the scope and subject of it is not clear to most scholars. In order 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 four parts:Party one, the author will analyses the basic theory about the interregional judicial assistance. First, the author states the definition and extension of interregional judicial assistance. To make the difference between inter-region and judicial assistance clearly, I will compare the two. Meanwhile, the author emphasis that assistance is the characteristic of the interregional judicial assistance, and those litigious activities concerning foreign affairs that do not need assistance is not belong to judicial assistance. Then the author indicates that after1999, the character of the judicial assistance between the mainland and Macao has changed from international to inter-regional.Party two, the author will analyses status in quo of judicial assistance between the mainland and Macao. 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.Party three, the author will analyses the problems in the interregional judicial assistance and tell why it happens. Base on the legislative authority, actuality and status in quo of judicial assistance between the mainland and Macao, the author concludes that there are three main problems on the inter-regional judicial assistance. First, the extension is too small. Two, the efficiency is too poor. Last, there is no effective coordination mechanism. Since there are so many differences in legal culture and system and norm between the mainland and Macao, the two regions need to do more hard work to fulfill the work. What’s more, there is also the economy factor that embarrasses the development and improvement of the judicial assistance. Party four brings forward the author’s imagination of perfecting the judicial assistance. In order to perfect the judicial assistance between the two regions, we should insist on these principles of one country but two systems, of discussing equally, of flexibleness, suppleness and convenience and high efficiency, of referring to international conventions and treaties, of step by step, of seeking common points while reserving difference. We should promote communication and trusties; make innovation in legislative technique and coordination mechanism.This paper discusses macroscopically the interregional judicial assistance as a whole instead of on the level of detailed system. And this paper proposes the principle of step by step and seeking common points while reserving difference. We should look the discussion model in the eyes of development, and then in this way we may make innovation.