Study On Ascertainment And Application Of Hongkong’s Case Law

Since the return of Hongkong Special Administrative Region to China and China’s WTO accession,the personnel exchange and economic communication between China mainland and Hongkong is increasing closely and frequently,especialy in economic and financial aspects.The number of cases involving Hongkong in China mainland trends growth,it brings China a new tasks and challenges in China’s Interregional private law.China Mainland absorbed the tradition of the civil law system and established the socialist legal system with Chinese characteristics,has a tradition of statute law.While Hongkong is deeply influenced by the Anglo American law system,has a tradition of case law,and after the reunification,the basic law of the Hongkong Special Administrative Region of People’s Republic of China(hereinafter referred to as the basic law)has been implemented.The basic law has become the basis for all laws,systems and policies of Hongkong Special Administrative Region.The different legal systems of the two regions have resulted in lots of difficulties concerning the mutual ascertainment and application of overseas law.At present,there is rarely national specialised legislation,system in the mutual ascertainment and application of overseas law between Hongkong and China mainland.Hongkong is an inseparable part of our country,and the ascertainment of Hongkong’s law is different from other overseas laws.However,Hongkong’s legal system is different from the mainland,Macao and Taiwan,and the ascertainment of Hongkong’s law is also different from laws of Macao and Taiwan.Because of the particularity of the Hongkong law,this article aims at the ascertainment and application of Hongkong law.This Case Analysis attempts to find out a breakthrough in ascertainment and application of Hongkong law especially it’s case law by studying on the ascertainment and application of Hongkong law,depending on the case study,literature research,comparative & contrastive analysis and empirical induction,grasp a typical example and you will grasp the whole category,then we may inspire some new ideas in ascertainment and application of other overseas law.The introduction of this Case Analysis mainly expounds the current situation of the legislation and judicial practice in ascertainment and application of Hongkong’s case law in China mainland,and discusses the necessity of ascertaining and applying the Hongkong’s law.The principal part of this Case Analysis is divided into five parts,the related Case has been described in the first part;the second,third part mainly focus on analysing anddiscussing the main responsibility in ascertainment of overseas law and what failing in ascertainment is;the fourth part mainly elaborates the thinking of application of case law;based on the case analysis,finally the fifth part is about some suggestions in improving the mechanism of ascertainment and application of Hongkong law in China mainland.We hope that combining with the exploration experience from “Hongkong,Macao,Taiwan and overseas laws ascertainment center and two bases” in Qianhai,Shenzhen,to enrich and improve the ascertainment platform,expert database,the extraterritorial law application case base,and enhance the international credibility of China’s judicial by improving the mechanism of ascertainment and application of Hongkong’s law,which can be promoted throughout the whole country and is suitable with Chinese mainland’s national conditions also.