Research On The Mutuai Evidence System Between Maindland And Hong Kong Courts

This article discusses the mutual entrustment forensics system between the courts of the Mainland and Hong Kong in the field of civil and commercial cases.It mainly deals with the contents of the forensic arrangements that took effect on March 1,2017 and the procedures for implementation,the scope of evidence collection,and the method of evidence collection.Discussed in detail,and conducted a comparative study of the current evidence collection system in the Mainland and other countries and regions to learn from each other.On this basis,combining the problems and insufficiencies in the forensic arrangements in the two places,the corresponding solutions are proposed.The full text consists of a preface,a text,and a postscript.The text is divided into four chapters:The first chapter describes the general situation of the mutual entrustment and evidence collection between civil and commercial courts of the Mainland and Hong Kong courts in the form of special chapters.It discusses the concept of the commissioned evidence collection,the historical development and the difference of the evidential system from the two places.The second chapter consists of four sections.The first three sections mainly analyze and elaborate the content of the forensic arrangements in the Mainland and Hong Kong and the relevant legal provisions from the legal framework,the scope of evidence collection,the methods and procedure for obtaining evidence,and the related legal provisions.The main problems in the forensic arrangements in the two places were discussed.The first section of Chapter 3 compares the evidence collection arrangements between the Mainland and Hong Kong and the evidence collection arrangements between the Mainland and Macao,summarizes the advantages of the collection arrangements for the Mainland and Macau,and proceeds from the Hague Collection Convention for the Forensics of the Hague to the discussion of the Mainland Hong Kong's experience in obtaining evidence for the trial arrangement has laid solid theoretical and practical foundations for the civil and commercial forensics system in the two places.The fourth chapter is divided into two sections.It mainly proposes solutions to the procedural and substantive problems in the internal port forensic arrangements mentioned in Section 4 of Chapter 2 in order to improve the forensic system in the two places.