中国大陆与香港民商事法律冲突研究

Conflicts of Civil and Commercial Laws between China's Mainland and Hongkong

香港的回归,使大陆法律界面临着两地迥异的法律冲突问题.本文从民商法律的角度,注重司法实践的操作性,以对冲突特点的分析为契机,探讨了解决冲突的原则、途径和步骤,并对国际私法中的几个制度和最密切联系原则在冲突中的地位、理解与作了较深入的分析和阐释.

The handover of Hongkong hack to China has rendered acute the problem of the conflict between Hongkong' s legal applications and those of China's Mainland. This essay takes civil commercial law as an example to approach the above -mentioned conflict and, with stress laid on the implementation in the administration of justice, tries to find out a solution to the conflict, Analysis has also been given to the severel institutions and most related principles in the international private law which might also be in confrontation in the two legal systems.