The Research Of Chinese Interregional Judicial Assistance Of Civil And Commercial Causes

With the implementation of the "one country two systems" policy, interregional conflict of law China appeared. Since ancient times, Hong Kong area, Macao area and Taiwan area is Chinese inseparable part of the territory, due to the historical reasons, Macau, Hong Kong and Taiwan have been split out from Chinese territory, with different directions in the development of economic society and legal culture, different areas have gradually formed the different legal system. In order to maintain the sustainable development of local stability and economic, the Central People’s government of China proposed "one country two systems" policy, to resolve the Hong Kong, Macao and Taiwan matter. With the return of the Hong Kong and the Macao area, and the Taiwan area returning in the near future. Chinese in "one country two systems" policy, will form a "one country two systems four scopes of law" situation, This makes Chinese interregional conflict of laws inevitably arise. With the regional economic exchanges become more frequent, legal problems have been increasing, interregional judicial assistance become urgent to solve the problem of theory and reality. Interregional conflict of laws in China is late, the interregional judicial assistance in research and practice is relatively small, learning from other countries about the interregional judicial assistance experiences is a feasible method. There are also legal interregional conflict in America, Canada and Germany and other countries, they take different ideas and methods to solve the interregional judicial assistance, and had achieved good results, the beneficial experience can be a reference. To analyze and study the interregional judicial assistance of the four scopes of law, can be seen that the interregional judicial assistance between the four scopes has made considerable progress, and presents to the broader, deeper development tendency. However, due to Chinese special national conditions, four scopes of law are in an equal status, at the interregional judicial assistance, can only take the limited consultation solve part of the problem, the recognition and enforcement of ruling, judgments and other important questions are much harder to achieve greater breakthroughs, greatly limits the judicial assistance between the area of the scopes of law, but also the impact of regional economic exchanges and development. To promote various regions economic and social sustainable development, should adopt the steady development, gradually in-depth approach, an effective solution to China’s interregional judicial assistance. In the short term, can enrich and perfect the law of interregional judicial assistance agreements; In the medium term, can gradually promote the unified interregional conflicts law; In the long term, can uniform the substantive law. The elimination of interregional conflict of laws from the root, so as to solve interregional judicial assistance, is the most complete and most difficult goals.