论香港和内地民商事判决承认与执行问题解决的观念重构

On Reconstructing the Concept in Recognition and Enforcement of Civil and Commercial Judgments between Hong Kong and Mainland

香港执行外地民商事判决法律制度来源于英国,香港回归祖国后,香港法律属于中华人民共和国法律的一部分,完全纳入中国法律体系当中。在宪法统帅下,全国法律应和谐一致,避免和消除冲突。内地与香港实施CEPA协议,加速了地区经济一体化进程,客观上要求实现判决自由流动问题。我们应站在更高更远角度,并具有创新精神,加强思考和探索两地区际判决承认与执行问题。

The legal system of recognising and enforcing foreign civil and commercial judgments in Hong Kong comes from Britain. After Hong Kong returned to motherland, the law of Hong Kong becomes the part of the People’s Republic of China and belongs to the legal system of the China. Under a consititution, all laws in China should be in conformity. Hong Kong and Mainland should keep away and eliminate the conflict in law. Both sides have speeded up the progress of the district economic integration since CEPA was carried out . It should be necessary to reach the free movement of judgments in both sides. We should stand higher to analyse and resolve the problem in inter-reginal recognition and enforcement of judgments.