关键词: 香港和澳门特别行政区, 区际司法协助, 立法模式, 制度构建, 区际私法,  中国内地

Abstract:

Since the return of Hong Kong and Macau, China has ceremonially formed three recognizable civil and commercial legal regions, i.e. one socialistic legal region of China' s mainland with Chinese characteristics, two the Hong Kong SAR legal region with the capitalistic AngloAmerican common law system, and three the Macau SAR region with the capitalistic continental legal system. Under the condition of the "One Country, Two Systems", China' s mainland, Hong Kong and Macau have developed closer economic and trade relations and continuously made new achievements in the regional judicial cooperation. Six systematic "arrangements" were signed in succession. Through many years of trial practice, the experience of hearing cases involving Hong Kong and Macao of Intermediate People' s Court in the mainland and its authorized grassroots courts are becoming basically mature. Their fairness and efficiency are widely recognized by Hong Kong and Macau compatriots. Some situations of deliberately circumventing mainland courts' trial and case law in the mainland have been basically eliminated. But due to special social and historical background and differences in legal traditions, legal systems and many other reasons, so far, some institutional arrangements are not satisfactory; especially there are still certain deficiencies and shortcomings in the mutual recognition and implementation of civil and commercial judgments and arbitral awards. For example, recognition and implementation of judgments in civil and commercial matters in the mainland and Hong Kong are too narrow in scope; the evidence system between the two places has not been established; mutual recognition and implementation of arbitral award is only limited to the commercial field, which does not match reality extended to the civilian sector, and is lack of a separate accreditation process. The judicial assistance practice between the mainland, Hong Kong and Macau has not achieved satisfactory results, and is entirely commensurate with the need of the everaccelerating regional economic and trade development and cooperation. Therefore, we should constantly summarize past experience, march forward with times and always improve the existing judicial assistance in its systematic "arrangements". For example, we should expand the scope of assistance in arrangements, face squarely the issue of jurisdiction, integrate a uniform jurisdictional standard of review, avoid conflict of jurisdiction, resolve crucial issues of Mainland Judgments, define the principles of reservations about the use of public order, construct a system of evidence in civil and commercial matters, make up for the blank area for mutual legal assistance in the mainland and Hong Kong, add a special recognition system, expand the scope of mutual legal assistance, carry out recognition and implementation of ad hoc arbitration in Hong Kong, adjust the implementation of the arbitration proceedings, discuss the main legal issues facing the legislative and judicial practice, and propose the corresponding improvement measures in legislation.

Key words: China s mainland; Hong Kong and Macau SAR; regional judicial assistance; legislative mode, system construction, prirate interregional law