Research On The Mutual Recognition And Enforcement Of Civil And Commercial Judgments In Guangdong, Hong Kong And Macao

With the return of Hong Kong and Macao,China has since formed a special situation of one country,two systems,three legal systems and four legal areas.However,due to the lack of a unified interregional law conflict law in China,it is quite difficult to carry out the judicial assistance work between the various legal areas,especially in the field of mutual recognition and enforcement of civil and commercial judgments.In 2019,the issuance of the outline of the development plan of Guangdong,Hong Kong and Macao Bay Area pointed out the direction for the future development of the integration of Guangdong,Hong Kong and Macao Bay area,and the increasingly close economic and trade exchanges and the increasing civil and commercial disputes brought new challenges to the recognition and implementation of the interregional judgments among the three regions.Therefore,in order to solve this challenge,reduce the development barriers among the three regions,and promote the more prosperous development of economy and trade in Guangdong,Hong Kong and Macao Bay area,it is necessary to fully explore and think about the current difficulties of mutual recognition and enforcement of civil and commercial judgments in the Bay Area,based on the analysis of the causes,and put forward corresponding solutions.The first chapter of this paper mainly explains the related concepts of mutual recognition and enforcement of judgments between Guangdong,Hong Kong and Macao.Firstly,it explains the concept of "Guangdong,Hong Kong and Macao" and differentiates it from the mainland,Hong Kong and Macao.Then it explains the meaning of "civil and commercial affairs","judgment","recognition and enforcement".The second chapter of this paper analyzes the current situation of mutual recognition and enforcement of civil and Commercial Judgments between Guangdong,Hong Kong and Macao,mainly based on the current situation between Guangdong and Hong Kong,Guangdong and Macao,Hong Kong and Macao,mainly from the scope of application,jurisdiction,finality issues,social public order and other changes to show the mutual recognition and enforcement of judgments between the three regions Historical development and current situation.The third chapter of this paper mainly analyzes the difficulties of mutual recognition and enforcement of civil and Commercial Judgments between the three regions at present,mainly including the lack of contractual arrangements between Hong Kong and Macao,the huge obstacles in the transformation of existing arrangements into local legal system,the difficulties in the judicial preservation of public order,and the level gap between the nine cities of Guangdong and Hong Kong and Macao.The fourth chapter of this paper is to analyze the difficulties described in the third chapter.The reasons are: the conservative attitude of Hong Kong towards the level of the rule of law in Guangdong and Macao,the following of Hong Kong's precedent,which make a series of arrangements difficult to be converted into local laws in Hong Kong,and the too broad provisions of many laws and regulations on public order,which make the judicial application risky factor.In the fifth chapter,the author puts forward a series of improvement measures based on the analysis of the difficulties and the reasons,and the actual situation of Guangdong,Hong Kong and Macao: always adhere to the principle guidance of the Constitution and the two basic laws on mutual recognition and enforcement of civil and Commercial Judgments between Guangdong,Hong Kong and Macao,guide the formation of contractual arrangements between Hong Kong and Macao,strengthen judicial exchanges among the three regions,and strictly restrict The application of Public Order Reservation in the cases of mutual recognition and execution of judgments in Guangdong,Hong Kong and Macao,and combining with the judicial practice in Nansha District,it is suggested that flexible judicial means should be adopted among the three regions to avoid the barrier of mutual recognition and execution of civil and Commercial Judgments between the three regions due to the difference of levels among the three regions.