On The Mainland And Hong Kong Civil Conflicts Of Jurisdiction And Coordination

Nowadays, as to the litigation concerning foreign activities, there are respective rules governing the procedure in the Mainland and Hong Kong Special Administrative Region, while neither has perfected rules involving the jurisdiction of interregional civil cases. Before the return of Hong Kong, interregional civil cases were treated as international ones both in the Mainland and Hong Gong; after which, the Special Administrative Region is authorized to maintain its original laws unchanged by "The Basic Law Of The Hong Kong Special Administrative Region Of The People's Republic Of China". Further, there is no agreement on civil jurisdiction conflicts between the two sides, so the original judicial practices thereof will continue. Because of the differences on legal tradition and jurisdiction system between two legal regions, civil jurisdiction conflicts are inevitable. Although both sides have tried to avoid these conflicts by many ways including unilateral legislation, the problem can't be solved thoroughly for lacking communication and consensus between the two sides. Jurisdiction conflicts would not only lead to many problems such as "forum shopping" and "parallel proceedings", and add to the difficulty in forecasting the result of an action, but also be the important cause that the civil judgments are difficult to be acknowledged and executed by the other side. Therefore, the coordination of these conflicts not only is the premise of making interregional civil judgments acknowledged and executed smoothly, but also is essential to protecting litigants' legal rights and interests and guaranteeing the trade communication and relationships between two legal regions stable.Including the introduction, this text is composed of six parts, approximately 35,000 characters. At the beginning the article introduces briefly the constitutional relations between the Mainland and the Hong Kong Special Administrative Region, and points out the root of these legal conflicts and the prospect of solving them. Through a true case, the article proves that there are indeed civil jurisdiction conflicts between the Mainland and Hong Kong, which have produced adverse effects on their trade communication. In order to achieve effective solutions, the...