论内地与香港法院民商事判决的相互承认与执行

On the mutual recognition and enforcement of judgments in civil and commercial matters between China's Mainland and Hong Kong

民商事判决的承认和执行,是内地与香港特区司法协助的重要组成部分。香港回归前,由于缺乏相关机制,两地的判决不能得到对方的承认和执行,当事人如果想在另一地要求对方履行义务,就不得不重新起诉。香港回归后,两地民商事活动不断增加,两地法院审理的涉及对方居民或财产的案件也随之增加,相互承认和执行民商事判决的问题日益凸显。为解决这一问题,内地与香港特区经过较长时间磋商,最终签署了《关于内地与香港特别行政区法院相互认可和执行当事人协议管辖的民商事案件判决的安排》。本文在介绍内地与香港法院相互承认与执行民商事判决情况的基础上,检视《安排》中的主要内容,进而对《安排》提出几点看法。

The recognition and enforcement of judgments in civil and commercial matters is significant part of judicial assistance between China's Mainland and Hong Kong.Attribute to lack of relative treaties,judgments made in one area are not recognized or enforced by the other before Hong Kong＇s returning to China's Mainland.In case one party requires the opposite party,who is not in the same area,to perform his or her duty,the former has to suit again.As the roaring business issues between Hong Kong and Mainland after the Returning,cases regarding people and property across the two areas are mounting.As a result,the problems in mutual recognition and enforcement of judgments are highlighted.To solve this dilemma,the Arrangement of Mutual Recognition and Enforcement of Judgments in Civil and Commercial matters between China's Mainland and Hong Kong has been signed after a long-time discussion. Based on an introduction to the recognition and enforcement of judgments in civil and commercial matters between China's Mainland and Hong Kong,this article reviews and comments on above-stated Arrangement.