As everyone knows,Although the mainland, Hong Kong and Macao all belong to China,But they belong to three different jurisdictions,Implement different civil bet365 promo codes systems。In civil and commercial transactions,When a certain matter or dispute involves two (or more than two) jurisdictions,Which jurisdiction’s civil and commercial laws should apply,It is inevitable that inter-regional civil bet365 promo codes conflicts will arise。For example,A Macao resident gets married in the Mainland,Whether the age of marriage is determined according to mainland law or Macau law;In Hong Kong-related litigation or arbitration,Whether a company is validly established is determined according to Mainland law or Hong Kong law;How a civil and commercial judgment of a mainland court or a civil and commercial award of an arbitration institution is recognized and enforced in Hong Kong and Macao, etc.。
In recent years,With the continuous advancement of the construction of the Guangdong-Hong Kong-Macao Greater Bay Area,The civil bet365 promo codes conflicts between the Mainland and Hong Kong and Macao are attracting increasing attention。As pointed out in the "Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area",Under "One Country, Two Systems",Guangdong, Hong Kong and Macao have different social systems,Different legal systems,Belong to different tariff areas,The level of market interconnection needs to be further improved,A good situation for efficient and convenient flow of production factors has not yet been formed。In this context,Discussing ways to resolve civil bet365 promo codes conflicts between the Mainland and Hong Kong and Macao,Undoubtedly of great practical significance。
Based on existing research,From the perspective of legislation and judicial practice in various countries,There are two ways to resolve inter-regional civil bet365 promo codes conflicts。The first is the path of interregional conflict law。Specifically,Including: formulating a unified national interregional conflict law;Each jurisdiction formulates its own interregional conflict law;Private international law applies by analogy;Regardless of inter-divisional conflicts of laws and international conflicts of laws,Same rules apply。The second is the unified path of substantive law。Specifically,Including: formulating a national unified substantive law;Develop a unified substantive law that only applies to some jurisdictions;Each jurisdiction adopts the same or similar substantive law to achieve unification;Establish unified rules through trial practice,Facilitate the resolution of legal conflicts;Extending substantive law applicable in one jurisdiction to another jurisdiction,Thus achieving the unification of the legal system,Eliminate interregional legal conflicts。
On how to resolve inter-regional civil bet365 promo codes conflicts,Neither the Constitution nor the two Basic Laws provide specific provisions。China currently does not have a unified inter-regional conflict law,The mainland, Hong Kong and Macao have not enacted their own inter-regional conflict laws。Resolution of inter-regional legal conflicts,The mainland’s practice has long been to treat civil and commercial relations involving Hong Kong and Macao as foreign-related civil and commercial relations,Refer to the applicable rules for resolving international civil bet365 promo codes conflicts。Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Laws on Foreign-Related Civil Relations (1)" clearly stipulates,"Involving the Hong Kong Special Administrative Region、Issues on the application of law in civil relations in the Macao Special Administrative Region,This provision shall apply by reference”。Hong Kong and Macao handle inter-regional civil bet365 promo codes conflicts in full accordance with international civil bet365 promo codes conflicts。
However,Both Basic Laws provide for this,Through negotiation and in accordance with the law,The Special Administrative Region can maintain judicial relations with judicial authorities in other regions across the country,And provide assistance to the other party。With the joint efforts of the mainland, Hong Kong and Macao judicial circles,All parties have signed a series of civil and commercial judicial assistance arrangements,For example, "Arrangements on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases between the Mainland and the Hong Kong Special Administrative Region Courts", "Arrangements on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases between the Mainland and the Macao Special Administrative Region", etc.,Promoted the resolution of inter-regional civil bet365 promo codes conflicts to a certain extent。
September 2021,Central Committee of the Communist Party of China、The State Council has successively issued the "Overall Plan for the Construction of the Hengqin Guangdong-Macao Deep Cooperation Zone" and the "Plan for Comprehensively Deepening the Reform and Opening-up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone"。The "Overall Plan for the Construction of the Hengqin Guangdong-Macao Deep Cooperation Zone" is clearly stated,Give full play to the advantages of the "one country, two systems" system,Under the premise of complying with the Constitution and the Basic Law of the Macao Special Administrative Region,Gradually build civil and bet365 promo codes rules to connect Macao、Institutional system in line with international standards。Strengthen judicial exchanges and cooperation between Guangdong and Macao,Establish and improve international bet365 promo codes adjudication、Arbitration、Mediation and other diversified bet365 promo codes dispute resolution mechanisms。The "Opinions of the Supreme People's Court on Supporting and Guaranteeing the Construction of the Hengqin Guangdong-Macao Deep Cooperation Zone" (Fafa [2022] No. 4) not only proposes to improve the identification of extraterritorial laws、Building a diversified bet365 promo codes dispute resolution mechanism、Simplifying the litigation procedures for cases involving Hong Kong and Macao、Strengthen judicial exchanges with Hong Kong and Macao, etc.,And it is clearly stipulated,Support the Hengqin Court’s application for authorization to pilot the application mechanism of extraterritorial law,As long as it does not violate the basic principles of our country’s laws or damage national sovereignty、Under the premise of safety and social public interests,Hong Kong capital allowed to register in Hengqin Cooperation Zone、Australian capital、Taiwan-funded and foreign-invested enterprises agree to choose foreign law to resolve contract disputes,Or apply international treaties、International practice and international bet365 promo codes rules to resolve disputes。
The "Plan for Comprehensively Deepening the Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" clearly stated,Build an international legal service center and an international bet365 promo codes dispute resolution center in the Qianhai Cooperation Zone,Explore different legal systems、Convergence of cross-border legal rules。Explore and improve the mechanism for applying Hong Kong laws in the Qianhai Cooperation Zone and choosing Hong Kong as the seat of arbitration to resolve civil and bet365 promo codes cases。Explore the establishment of a new mechanism for civil and bet365 promo codes judicial assistance and exchange between the Qianhai Cooperation Zone and Hong Kong and Macao。Support the Qianhai Court in exploring the expansion of the scope of foreign-related bet365 promo codes cases,Support Hong Kong legal experts to appear in Qianhai Court to provide legal assistance,Protect the legitimate rights and interests of enterprises and individuals making cross-border bet365 promo codes investments。Construction litigation、Mediation、An international inter-regional bet365 promo codes dispute resolution platform that is both independent and coordinated with each other。"Opinions of the Supreme People's Court on Supporting and Guaranteeing the Comprehensive Deepening of the Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Fafa [2022] No. 3),Not only proposes to improve the identification of extraterritorial laws、Building an International bet365 promo codes Dispute Resolution Center、Building a mechanism for Hong Kong and Macao legal services to participate in litigation、Increase judicial exchanges with Hong Kong and Macao、Expand exchange channels for judicial talents in Shenzhen, Hong Kong and Macao, etc.,And it is clearly stipulated,Support the Qianhai Court’s application for authorization to pilot the exploration of the mechanism for the application of extraterritorial law,As long as it does not violate the basic principles of our country’s laws or damage national sovereignty、Under the premise of safety and social public interests,Hong Kong capital allowed to register in Qianhai Cooperation Zone、Australian capital、Taiwan-funded and foreign-invested enterprises agree to choose foreign law to resolve contract disputes,Or apply international treaties、International practice and international bet365 promo codes rules to resolve disputes。
It’s not difficult to find from the above,For resolving inter-regional civil bet365 promo codes conflicts,The mainland as a whole has not changed its past path,But some useful explorations are being made or are being made in the two cooperation zones: first, expanding the application of Hong Kong and Macao laws,The second is to build an international inter-regional diversified commercial dispute resolution mechanism and platform,The third is to strengthen judicial assistance between the mainland, Hong Kong and Macao,The fourth is to increase judicial exchanges between the mainland and Hong Kong and Macao。These explorations are of great significance,Practical。Resolving interregional civil bet365 promo codes conflicts between the Mainland and Hong Kong and Macao,We must strictly abide by the Constitution and the Basic Law within the framework of "one country, two systems"。On the one hand,Fully respect and firmly safeguard the high degree of autonomy enjoyed by Hong Kong and Macao in accordance with the law。According to the provisions of the two Basic Laws,National laws are not implemented in Hong Kong and Macao,But about national defense、Except for foreign affairs and other laws that are not within the scope of Hong Kong and Macao’s autonomy according to the Basic Law。This means that Hong Kong and Macao enjoy full legislative authority in the field of civil and commercial law,It is currently not feasible to formulate a national unified interregional conflict law or civil and commercial substantive law。On the other hand,Stick to the foundation of "one country",Actively promote the integration of Hong Kong and Macao into the overall development of the country,We must not let inter-regional civil bet365 promo codes conflicts become an obstacle to civil and commercial exchanges between the mainland and Hong Kong and Macao。In this context,Choose two cooperation zones in the Guangdong-Hong Kong-Macao Greater Bay Area to explore expanding the application of Hong Kong and Macao laws,It is undoubtedly conducive to creating a legal system environment that is similar to that of Hong Kong and Macao,It will help attract more Hong Kong and Macao residents to live in the cooperation zone、Work,Has greater practical significance。At the same time,Building an international inter-regional diversified commercial dispute resolution mechanism and platform、Strengthening judicial assistance between the Mainland, Hong Kong and Macao、Specific measures such as increasing judicial exchanges between the mainland and Hong Kong and Macao,It also helps to resolve inter-regional civil bet365 promo codes conflicts to a certain extent。Of course,With the in-depth integration of the Guangdong-Hong Kong-Macao Greater Bay Area in the future,Hong Kong and Macao further integrate into the overall development of the country,You can also try to explore how to pass inter-regional collaborative legislation,That is, the relevant legislative entities of the mainland, Hong Kong and Macao cooperate and cooperate with each other in legislative work,Each one makes his own、Interregional conflict laws with consistent or coordinated rules。At the same time,You can also try based on the specific circumstances of inter-regional civil bet365 promo codes conflicts,Develop relevant model laws,For reference by all parties in legislation or judiciary。
(This article is a phased result of the Supreme People’s Court’s 2022 major judicial research project “Research on the Resolution Paths of Inter-regional Civil bet365 promo codes Conflicts under ‘One Country, Two Systems’” (ZGFYZDKT202216-02)
(The author is the dean and professor of the bet365 promo codes School of Sun Yat-sen University)
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