A Study On The Recognition And Enforcement Of Civil And Commercial Judgments Between Mainland China And Hong Kong

In order to resolve the problems of the "arrangement on the Mutual recognition and Enforcement of judgments in Civil and Commercial cases under the jurisdiction of the parties by the Courts of the Mainland and the Hong Kong Special Administrative region"(hereinafter referred to as the "Agreement jurisdiction arrangement")in the judicial practice between the Mainland and Hong Kong,the Mainland of China and Hong Kong signed a more comprehensive arrangement on the Mutual recognition and Enforcement of judgments in Civil and Commercial cases between the Courts of the Mainland and the Hong Kong Special Administrative region(hereinafter referred to as the mainland and Hong Kong judgment arrangement).Based on the analysis of the existing problems in judicial practice and the breakthroughs and limitations of the new arrangements,this paper holds that some judicial practice problems can be effectively solved after the Mainland and Hong Kong judgment arrangement comes into effect in the future.But at the same time,there will be some old problems and some new problems.This paper believes that it is of great significance to study these problems and explore solutions,which can not only promote the process of civil and commercial assistance between the Mainland and Hong Kong,but also enrich the theoretical support of the interregional civil and commercial assistance system in China.This article uses comparative research methods and case study methods for analysis.This article focuses on the mutual recognition and enforcement system of civil and commercial judgments in the Mainland and Hong Kong,and analyzes the existing legal defects and judicial issues in the recognition and enforcement of civil and commercial judgments in the Mainland and Hong Kong.Then,this article discusses the legislative deficiencies in the Mainland and Hong Kong Judgment Arrangement and the judicial obstacles in the judicial practice after it comes into effect in the future,with a view to providing a feasible solution for improving the civil and commercial judgment recognition enforcement system in the Mainland and Hong Kong.This article is divided into three chapters:The first chapter mainly elaborates on the basic theory of civil and commercial judgment recognition and enforcement.By comparing with the Macao region,it points out that the civil and commercial judgment recognition and enforcement systems in the Mainland and Hong Kong have their special features.At the same time,the article puts forward some views,even after the "Mainland and Hong Kong Judgment Arrangement" came into effect,there may still be some problems.The second chapter analyzes the legislative and judicial status quo of the recognition and enforcement of civil and Commercial judgments between the Mainland and Hong Kong.Combined with the main contents of the Judgment Arrangement between the Mainland and Hong Kong,it analyzes the legislative deficiencies and judicial problems that will occur in the mutual recognition and enforcement of civil and commercial judgments between the mainland and Hong Kong after the judgment Arrangement takes effect.The third chapter focuses on the legislative suggestions for improving the implementation of the Mainland and Hong Kong Judgment Arrangement after it comes into effect.At the legislative level,it is suggested that the mainland and Hong Kong should supplement the legislation of the Mainland and Hong Kong Judgment Arrangement.In terms of judicial practice,it is suggested that the mainland and Hong Kong should innovate the civil and commercial assistance platform of the two places,and set up an office and judicial organization specially to handle civil and commercial disputes between the two places.