The Mutual Recognition And Enforcement Of Divorce Judgme Nt Between Mainland China And Hong Kong

The mutual recognition and enforcement of divorce judgment between Mainland C hina and Hong Kong is an important part of interregional judicial cooperation. Hong Kong has issued ordinances to recognize the divorce judgment of Mainland C hina, while Mainland C hina still hasn’t issued any law concerning the recognition and enforcement of divorce judgment by Hong Kong, resulting in a lot of problems between these two regions. This thesis firstly discusses the value of the mutual recognition and enforcement of divorce judgment between Mainland C hina and Hong Kong from its characteristics and meaning. Then through the study of the law on the mutual recognition and enforcement of divorce judgment between these two regions, especially the provisions of the Matrimonial Proceedings and Property(Amendment) Ordinance 2010 and The Matrimonial Causes Ordinance, and relevant divorce cases to analyze the problems, such as the lack of law in Mainland China, limited range of recognition and enforcement, parallel litigation and so on, and its reasons. After learning the exercises of United States and European Union and comparing the mode of interregional judicial cooperation, this thesis makes suggestions for the improvement of the mutual recognition and enforcement of divorce judgment between Mainland China and Hong Kong, including ways of transition process and the introduction of bilateral agreement, which contains applicant, application limitation, means of recognition and enforcement, conditions of rejecting recognition and enforcement and so on.