Finality Of China's System Of Interregional Civil And Commercial Judgments Recognition And Enforcement

Civil and commercial judgments recognition and enforcement issues among China's mainland and Hong Kong,Macao and Taiwan are the problems of interregional judicial assistance within the scope of a country's sovereignty.We should not refer to the“international”general practice.With the continuous development of society and close contacts of interregional economic and civil field,civil disputes of interregional civil and commercial increase,the resulting problem is the recognition and execution of the civil and commercial decisions after the interregional civil and commercial disputes resolved through the court.In pressing for the judicial practice and the need for interregional civil and commercial exchanges,on July 14,2006,the mainland and the Hong Kong signed on the ?Arrangement of the Supreme People's Court between the Mainland and the HKSAR on Reciprocal Recognition and Enforcement of the Decisions of Civil and Commercial Cases under Consensual Jurisdiction?(hereinafter referred to as“Arrangement of the Mainland and HK Enforcement of the Decisions”),in addition to “written jurisdiction agreement”,the arrangement also includes requirements on the scope of application not including the employment contract and natural persons for personal consumption,family affairs or other non-commercial purposes as a party of the contract agreement,civil judgment outside the scope of application can not be used in the regulations of the decision recognition and enforcement in the arrangement.In March 2006,the mainland and the Macao reached on ?Arrangement between the Mainland and the Macao Special Administrative Region on the Mutual Recognition andEnforcement of Civil and Commercial Judgments?(hereinafter referred to as the “Arrangement between the Mainland and the Macao Enforcement of the Decisions”).Both sides of the Taiwan Straits did not reach the bilateral arrangement,and they now use unilateral laws and regulations as the basis of recognition and enforcement.And the mainland mainly refers to? Provisions of the Supreme People's Court on Recognition and Enforcement of the Civil Judgments of Courts of the Taiwan Region ?which is promulgated by the Supreme People's Court on July 1,2015.Taiwan mainly refers to “The regulations of Taiwan area and mainland area people's relationship ”(hereinafter referred to as “the people on both sides relations act”).From the current cases on interregional civil and commercial judgments recognition and enforcement,the mainland and Hong Kong,the difference of civil and commercial judgments recognition and execution is lead to two different law systems,the mainland belong to continental law system,the former British colony of Hong Kong belongs to the Anglo-American law system,different law system reflected on civil and commercial judgments recognition and enforcement is the finality of judgment.The different standards of being sentenced between mainland and Hong Kong is a conflict,the mainland is usually expressed as “has been legally effective judgments”,while Hong Kong used “certainty,final decision” to describe.Considering the retrial system in mainland and their own standards,Hong Kong courts refuse to recognise and enforce civil and commercial judgments which were made in mainland court as sentences are not deterministic and may be changed or overturned for the retrial system.Although both sides of the Taiwan Straits belong to the same law system,Taiwan also have some differences from mainland on the mainland standards being sentenced from the case named ZheJiang company v Eva Taiwan.So the author thinks it is vital to analyze interregional civil and commercial judgments recognition and enforcement issues on the basis of res judicata from the finality of judgments,and put forward solutions to coordinate interregional judgments standards being sentenced about finality for solving interregional civil and commercial judgments recognition and enforcement issues.This article is divided into four chapters,the first chapter,starting from the theory of res judicata by introducing the concept of res judicata,the nature and the referee form on the basis of the research on the theory of res judicata of the domestic and foreign scholars to make readers know more about res judicata,including the res judicata in continental law system,the Anglo-American law system of the theory of res judicata,the theory of non bis in idem(Anglo-American law system does not use the concept of res judicata),the development and problems of res judicata in our country,the relationship of finality and res judicata,the relationship of res judicata and enforcement.The second chapter introduces problems of finality in China's system of interregional civil and commercial judgments recognition and enforcement,including the finality problems on the civil and commercial judgments recognition and enforcement in mainland,the finality problems on the civil and commercial judgments recognition and enforcement in Hong Kong SAR and in Macao SAR,the res judicata problems on the civil and commercial judgments recognition and enforcement in Taiwan area,through the combination of theory and practical cases to analysis problems and key points about finality in interregional recognition and enforcement of civil and commercial judgments.The third chapter mainly explains the finality problems on the civil and commercial judgments recognition and enforcement in other countries and the European Union,through its modes and successful experiences in handling interregional civil and commercial judgments recognition and enforcement to give references for Chinese interregional civil and commercial judgments recognition and enforcement issues.The fourth chapter,on the basis of the previous three chapters,from the perspective of finality puts forward suggestions on perfecting interregional civil and commercial judgments recognition and enforcement.