Research On The Recognition And Enforcement Of Civil And Commercial Judgments In Mainland And Hong Kong

Under the background of "one country,two systems",China has formed a special pattern of "one country,two systems,three legal systems and four legal areas".Among them,the mainland and Hong Kong are the closest economic links between the two jurisdictions,so there are the most urgent practical needs of free circulation of civil and commercial judgments between them.However,due to the huge differences in the legal systems of the two places,the recognition and enforcement of civil and commercial judgments are difficult in practice.Under the background of building the guangdong-hong kong-macao greater bay area,it has become the common vision of the two places to accelerate the free circulation of civil and commercial judgments.After elaborating on the particularity,current situation and existing problems of the recognition and enforcement of civil and commercial judgments in the mainland and Hong Kong,this paper analyzes the significance of its progress and the opportunities and challenges brought by the arrangement in 2019,and puts forward specific suggestions for promoting the recognition and enforcement of civil and commercial judgments in the mainland and Hong Kong.This paper is divided into five chapters:The first chapter is the introduction,introducing the research's background and significance,research methods,relevant legislation and domestic research status.The second chapter mainly introduces relevant basic concepts,and further analyzes the particularity and necessity of the mainland and Hong Kong on this basis.The third chapter analyses the breakthrough significance of "Arrangements for Mutual Recognition and Enforcement of Civil and Commercial Judgements between the Mainland and the Hong Kong Special Administrative Region" in 2019,Firstly,it cancels the restriction on the finality of the judgment.Secondly,it greatly enlarges the scope of application and reduces the applicable conditions.Thirdly,it specifies the coordination of jurisdictional conflicts.Finally,some intellectual property cases are included in the scope of application.Chapter four analyses the limitations of the 2019 Arrangement.This is mainly reflected in the following aspects: the inheritance of the public reservation system,the unclear provisions of some specific provisions,and the obstacles faced by the legislative transformation.On the basis of chapter 4,chapter 5 further analyzes the new situation in the recognition and enforcement of civil and commercial judgments in the mainland and Hong Kong after the entry into force of the arrangement in 2019.This new situation is generally positive,but opportunities and challenges coexist.Opportunities are reflected in the possibility of free movement of civil and commercial judgments in the Mainland and Hong Kong.Challenges include the requirements for improving the quality of trials in the Mainland and the effective convergence of legislation and justice.Therefore,in order to ensure the maximum effectiveness of the arrangement in 2019,The author puts forward relevant suggestions from three aspects: perfecting the retrial system in the Mainland,improving the quality of the trial,perfecting the supporting system,establishing a long-term mechanism and strengthening publicity and education.The recognition and enforcement of civil and commercial judgments in mainland China and Hong Kong play an important role in safeguarding the economic exchanges between the two places.It is of great significance to accelerate the free flow of civil and commercial judgments between the two places to promote the economic integration of the two places and further promote the in-depth exchanges and integration of the legal systems of the two places.