A Comparative Study Of The Overseas Investigation And Evidence Collection Between The Mainland And Hong Kong And Macao

With the return of Hong Kong and Macao to the central government,China has changed from a country with a single legal system to a country with a complex legal system.Within China,the mainland and Hong Kong and Macao are equal and independent jurisdictions.Each other between mainland China and Hong Kong,Macao outside investigation as an important part of the interregional civil judicial assistance,is directly related to between the mainland and Hong Kong and Macao hong kong-related trial involved Australia can work smoothly.At present,the mainland and macau as early as 2001 on the mainland and the courts of the Macao special administrative region serve judicial documents entrust each other for civil and commercial cases and the arrangement of the investigation "(hereinafter referred to as the" macau arrangements "),and the mainland and Hong Kong reached in March 2017 on the mainland and the Hong Kong special administrative region court judicial documents to entrust to each other for civil and commercial cases and the arrangement of the investigation "(hereinafter referred to as the " Hong Kong arrangement "),there is no doubt that these two arrangements to solve the problem of interregional civil and commercial judicial assistance outside of forensics have a positive role.However,there are few studies on the comparison between the Hong Kong arrangement and the Macao arrangement and how to further improve the system of investigation and evidence collection outside the mainland,Hong Kong and Macao.Therefore,the research of this paper has certain practical significance and theoretical valueThis paper comprehensive legal analysis,comparative analysis and sum-up method argument method,to analysis the Macao arrangement "Hong Kong arrangement" as the breakthrough point,the mainland and Hong Kong and Macao to each other outside the system of investigation were discussed,and on how to improve the system of the mainland and Hong Kong and Macao outside investigation put forward some Suggestions.The thesis is divided into three chaptersThe first chapter of the mainland and Hong Kong and Macao outside investigation of basic problems were discussed,the concept of interpretation of the extraterritorial investigation,combined with the Hong Kong to arrangethe macau arrangements to achieve the background analysis of the mainland and Hong Kong and Macao to each other outside the status quo of forensics and the main problems existing in the judicial practiceThe second chapter of "Hong Kong arrangement","Macao arrangement" comparative analysis of the main content,through to explore these two arrangement about outside investigation,compares the similarities and differences between specific provisions,two arrangements is analyzed on the extraterritorial investigation was carried out on the mainland and Hong Kong and MacaoThird chapter for the Hong Kong arrangement and the defects of the macau arrangements,and the problems in the judicial practice,puts forward modification "Hong Kong" and "Macao arrangement" advice,so as to improve the system of extraterritorial investigation in mainland China...