我国区际民商事司法协助的新篇章——评内地与香港特区相互委托提取证据的安排

The New Chapter of Chinese Interregional Judicial Assistance of Civil and Commercial Causes—The Comment on the Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and the Hong Kong Special Administrative Region

内地与香港特区签订相互委托提取证据的安排,为三地的交往提供有力的法律保障。同时,安排在法律形式、联络机关、取证方式、委托书退回事由、委托时限等方面存在质疑和问题。为更好发挥安排的积极作用,笔者就上述方面提出了积极的建议和改善措施。

The signing of the Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and the Hong Kong Special Administrative Region provided substantial legal protection for the communication in three regions. However, there are suspicions and problems on the Legal form, liaison authorities, methods of taking of evidence, reasons of re-turning the letter of request and the time limit to complete the requested matter in the Arrange-ment. To make better use of the Arrangement, the author had put forward positive suggestions and measures of improvement in regard to the above aspects.