Study On The Agreement Of Interregional Judgments Between The Mainland And Hong Kong

With the increasing economic activities held between the Mainland and Hong Kong, civil and commercial disputes have become more frequent in these years. The parties submit their disputes to court with the intention of having the matter resolved in a speedy way. After the issue of the court award, the next question is the recognition and enforcement of the award in the Mainland or the Hong Kong Court. The recognition and enforcement of the judgment awards is the most crucial area in the civil proceedings. An award which can not be enforced is a mere blank paper. The final protection rests on the judicial enforcement.Before reunification, Mainland China and Hong Kong both have their own regulation of the legal system on the recognition and enforcement of foreign judgment. After returning, the lack of mutual implementation or agreement lead the two sides faced with a predicament. Until July 2006, "the Mainland and Hong Kong and the implementation of mutual recognition agreement of the parties under the jurisdiction of civil and commercial cases judgment arrangements" (hereinafter referred to as "the mainland and Hong Kong arrangements") signed before two court judgments for the Recognition and Enforcement of paving the road. From the point of view of the overall situation, it truly reflects the introduction of the "Hong Kong Basic Law", it also reflects judicial cooperation and the spirit from the local perspective, but there is also some drawbacks in "Mainland and Hong Kong Agreement".Under this condition, I make a study on the Recognition and Enforcement of the system between the Mainland and Hong Kong District Court, introducing the content of the "arrangements " and reviewed in comparative and empirical ways to reveal the "Mainland and Hong Kong arrangements" ,will be implemented in the Mainland problems encountered with a view to the Mainland corresponding legislation to improve the status quo, the establishment of a judgment of the recognition and enforcement of a new mechanism, a fundamental conservation judicial resources and to facilitate the exercise of legitimate rights and interests of the parties. Based on the above purpose, this thesis is composed of 3 chapters to discuss.Chapter one: Mutual Enforcement of Awards in Mainland and Hong Kong. Before the handover to the Mainland, the courts experienced no difficulty in enforcing the awards the other side. After returning, the Mainland awards could not be enforced in Hong Kong court and vice versa .This chapter gives an account of the situations before and after the handover, the Agreement originates from the inter need of the booming economic activities between the two sides and this stems an important landmark in the development of judicial assistance in the two places.Chapter two: The linkage between the practice in the market with theoretical consideration. The areas of research concentrate on the following: "Mainland and Hong Kong for" the application of the provisions ZHOU problem, "the Mainland and Hong Kong arrangements," the issue of jurisdiction, the court issues a final ruling, the two "public policy" understand the differences.Chapter three: With the findings of research in the preceding chapters, study is made on the comparative between the " Mainland and Hong Kong" and "Macao and the mainland arrangements", and on this basis to improve the "Mainland and Hong Kong arrangements" to make relevant recommendations. This is the ultimate end result of this lie.