Study On The Recognition And Enforcement Between Mainland And Hong Kong In Civil And Commercial Judgments

In 2006, Mainland and Hong Kong reached “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned Interpretation”. But the “arrangement” between the two places is only applicable in part of civil and commercial judgments.The “Arrangement” has been signed for ten years. The article analyses some representative cases and challenging issues on recognition and enforcement of judgments between Mainland and Hong Kong.Based on the discussion on the phenomenon and the concept of enforcement of judgments between Mainland and Hong Kong, the article argues that more attention should be paid to studies on this matter. First of all,in legislation we should improve the main concept of the “arrangement”; Secondly, clear legal basis on the cases without jurisdiction agreement; Last of all, the principle of reciprocity should be paid full attention.Besides, there are some advices in judicial practice. The article advice taking Shenzhen Qianhai as a testing ground to promote reform. The article think it is important to establish coordination mechanisms between the courts and strengthen the guidance of typical cases.