中国区际判决承认与执行制度探究——以内地与香港为例

An Investigation on the System of Recognition and Enforcement of Chinese Regional Judgments

我国在解决港澳与内地之间区际司法协助上,已有三个安排,但没有一个涉及区际法院判决的承认与执行。港澳与内地有必要通过协商建立一个有利于判决承认与执行的新机制。新机制在价值取向上,可归结为便利、透明、公正和效率。新机制对于相互承认与执行对方法院判决的条件,应尽量宽松。

China has three assignments in solving regional judicial assistance, but there is nothing about recognition and enforcement of regional judgments. China's Mainland, Hong Kong and Macao should build a new system to facilitate recognition and enforcement of mutual judgments. On value tendency, the new system may conclude facilitation, transparency, justice, and efficiency. The conditions on recognition and enforcement of judgments should as wide as possible in the new system.