Cases Studies On Recognition And Enforcement Of Hong Kong Divorce Decree In Mainland China

With the return of Hong Kong, economic exchanges between Hong Kong and the Mainland China are increasingly frequent, the cross jurisdiction marriage is increasing too.Being the differences in the politics, economy, culture and customs, the divorce rate has been increased year by year. Internationally, countries are quite cautious to the recognition and enforcement of divorce decree, as the dissolution of marriage is always accompanied by the division of property, child custody and dependency and other incidental issues. From 1991,the development of recognition and enforcement of Hong Kong divorce decree has experienced Recognize To Not Recognize To Recognize. On December 15, 2010, Hong Kong Legislative Council passed through Matrimonial Proceedings and Property(Amendment)Ordinance 2010, provides Hong Kong recognize and enforce the mainland divorce decree. At the same time, Wong Yan Lung,the former secretary for justice, called for the recognition and enforcement of Hong Kong divorce decree in the Mainland China. The Mainland China should response to Hong Kong, to meet the demand of high divorce rate between the Mainland China and Hong Kong, to propose the interests of the parties come true, to improve the recognition and enforcement of divorce decree in the Mainland China and Hong Kong.This paper studies the cases of the Mainland China recognize and enforce Hong Kong divorce decree. At first, this paper describes the introduction of the recognition and enforcement of Hong Kong divorce decree in the Mainland China. Secondly, according to the research on the cases judged by Shenzhen courts in recent years, this paper digs the obstacles and related reasons in the process of the Mainland China recognize and enforce Hong Kong divorce decree. Lastly, after learning the experiences of the United States and the United Kingdom, this paper gives suggestions for the improvement of the recognition and enforcement of divorce decree of Hong Kong in the Mainland China, including ways of special arrangement issued by the Mainland China, and directive cases released by the Supreme Peoples Court.This article is divided into four chapters.Chapter 1 The introduction of the recognition and enforcement of Hong Kong divorce decree in the Mainland China. This chapter introduces the concept, the characteristics, the history and the current situation of the recognition and enforcement of Hong Kong divorce decree in the Mainland China.Chapter 2 Cases study of the recognition and enforcement of Hong Kong divorce decree in the Mainland China. This chapter introduces Yang XX v Hu XX and Peng X v Xu XX which were judged by Shenzhen courts, then describe the conditions of the the recognition and enforcement of Hong Kong divorce decree, analysis the focus of controversy.Chapter 3 The obstacles and related reasons of the recognition and enforcement of Hong Kong divorce decree. Combined with the cases, this chapter digs the obstacles of the recognition and enforcement of Hong Kong divorce decree, including the lack of related law,the dissimilarity verdict in the same kind case, limited range of recognition and enforcement.Then this chapter explores the related reasons, such as the Mainland China centralism, the conflict of jurisdiction, reservation of public order and the differences of marriage system.Chapter 4 The solution.This chapter gives advises to the the recognition and enforcement of HongKong divorce decree. This chapter Introduces the related foreignal experience firstly,then according to the actual situation of the Mainland China,advises the mainland issued special arrangements or Supreme Peoples Court.release guiding case to pull the Mainland China out of thin air.