Resolve the legal conflict between the mainland and the commercial business in the Mainland and Hong Kong and Macao
October 12, 2022 09:25 Source: "China Social Sciences" October 12, 2022 Total 2506 Author: Zhang Liang

As well as known,The Mainland and Hong Kong and Macao are in China.,But it belongs to three different regions,Implement different civil and commercial legal systems。In the social affairs of civil and commercial affairs,When a certain matter or controversy involves two (or more) domestic regions,Which domestic civil and commercial law should be applied,It is inevitable that the conflict of legal legal conflict of people and business in the inter -governmental and commercial affairs。For example,A Macau resident married in the Mainland,Is the marriage age determined in accordance with the Mainland law or according to the Macau Law;,Whether an company is effectively established is determined by the Mainland law or determined by the Hong Kong Law;。

In recent years,With the continuous advancement of the construction of the Guangdong -Hong Kong -Macao Greater Bay Area,The conflict between the legal conflict between the mainland and the commercial business in the Mainland and the people of the people in the Hong Kong and Macao people is increasingly attractive。Just as the "Outline of the Development Planning of the Guangdong -Hong Kong -Macao Greater Bay Area",Under the "one country, two systems",Different social systems in Guangdong, Hong Kong and Macao,Different legal system,Divided into different tariff areas,Market interconnection level needs to be further improved,The good situation of production factors efficient and convenient flow has not yet been formed。In this background,Discuss the solution of the legal conflict between the Mainland and the Hong Kong and Macau -people commercial laws,It undoubtedly has a great practical significance。

According to the existing research,From the perspective of legislative and judicial practice of various countries,Bet365 lotto review There are two ways to resolve the conflict between the district civil and commercial legal conflicts。First, the path of the inter -regional conflict。Specifically,Including: formulate a unified regional conflict law in the country; the regions of each region formulate their respective regional conflicts;,Applicable the same rules。The second is to unify the physical method path。Specifically,Including: formulate a national unified physical law; formulate a unified physical law that is only applicable to some regions;,Promoting the resolution of legal conflicts; it will be applied to another realm in the physical law that is applicable to one of the realm,to obtain the unity of the legal system,Eliminate the conflict of inter -regional legal。

How to resolve the conflict of legal legal conflicts of the district civil and commercial affairs,The Constitution and the two basic laws have not made specific regulations。China does not have a unified inter -regional conflict law at present,Mainland and Hong Kong and Macau have not formulated their own inter -regional conflict laws。Solution of district legal conflict,Mainland practices have long been treated with business relations related to Hong Kong and Macao as foreign -related civil and commercial relations,Refer to the rules of resolving the legal conflict of international and commercial affairs。"The Supreme People's Court on the Application of the Law of the Law of the People's Republic of China on Foreign Foreign Relations" (1) Article 17 clearly stipulates,"Involved in the Hong Kong Special Administrative Region、Law applicable issues of civil relations in the Macau Special Administrative Region,Refer to the applicable regulations "。Hong Kong and Macao will fully deal with conflicts of inter -business and business law in accordance with international civil and commercial legal conflicts。

but but,Both basic laws stipulate,Through negotiation and in accordance with the law,Special Administrative Region can maintain judicial relations with judicial organs in other parts bet365 Play online games of the country,Assist to the other party。Under the joint efforts of the judicial community in the Mainland and Hong Kong and Macau,All parties have signed a series of civil and commercial judicial assistance arrangements,For example, "The Arrangement on the Confirmation and Implementation of Civil Commercial Cases in the Mainland and the Hong Kong Special Administrative Region Court", "Arrangement on mutual recognition and implementation of civil and commercial judgments in the Mainland and Macau Special Administrative Region",To a certain extent, it has promoted the resolution of the conflict of legal legal conflicts in inter -civic and business。

September 2021,Central Committee of the Communist Party of China、The State Council has issued the "Overall Plan for the Construction of Hengqin Guangdong -Australia In -depth Cooperation Zone" and "Comprehensive Deepening the Reform and Opening Plan for the Qianhai Shenzhen -Hong Kong Modern Service Industry Cooperation Zone"。"Overall Plan of Hengqin Guangdong -Australia In -depth Cooperation Zone Construction" clearly proposed,Give full play to the advantages of the "one country, two systems" system,Under the premise of following the Constitution and the Macau Special Administrative Region Basic Law,Gradually build civil and commercial rules to connect with Macau、Institutional system that integrates international。Strengthening Judicial Exchange and Cooperation of Guangdong -Australia,Establish and improve international commercial trials、Arbitration、mediation and other diversified commercial dispute resolution mechanisms。"Opinions of the Supreme People's Court on the Construction of the Construction of the Hengqin Guangdong -Australia In -depth Cooperation Zone" (Fa Fa [2022] No. 4) not only proposes to improve the external law、Construct a diversified commercial dispute resolution mechanism、Simplified litigation procedures for Hong Kong and Macao cases、Strengthen judicial exchanges bet365 live casino games with Hong Kong and Macao regions,and explicitly stipulate,Support the Hengqin Court to apply for authorization bet365 best casino games pilot pilot to explore the application of external law,Do not violate the basic principles of my country's law or does not harm national sovereignty、Under the premise of security and social public interests,Hong Kong capital allows registered in the Hengqin Cooperation Zone、Australia、Taiwan -funded and foreign investment enterprises agree to select external law to resolve contract disputes,or applicable to the international treaty、International practice and international commercial rules resolve disputes。

"Comprehensively Deepen the Reform and Opening Plan of the Qianhai Shenzhen -Hong Kong Modern Service Industry Cooperation Zone" clearly proposed,Construction of International Legal Service Center and International Commercial Dispute Solution Center in the Qianhai Cooperation Zone,Explore different legal systems、Cross -border legal rules connection。Exploring and improving the application of Hong Kong law in the Qianhai Cooperation Zone and the use of Hong Kong as a mechanism for resolving civil and commercial cases in arbitration。Explore the establishment of a new mechanism for the establishment of the Qianhai Cooperation Zone and the Hong Kong and Macao District Civil and Commercial Judicial Association。Support the exploration of Qianhai Court to expand the scope of the case of foreign business affairs cases,Support Hong Kong legal experts to appear in the Qianhai Court to provide legal identification assistance,Protecting the legitimate rights and interests of enterprises with cross -border commercial investment and individuals。Construction Litigation、mediation、Arbitration is both independent and connected with international regional commercial dispute dispute dispute solution platform。"Opinions of the Supreme People's Court on the Reform and Opening Area of ​​the Qianhai Shenzhen -Hong Kong Modern Service Industry Cooperation Zone" (Fa Fa [2022] No. 3),Not only proposes to improve the external law method to find out、Construction of International Commercial Dispute Solution Center、Construction of Hong Kong and Macau legal services participating in litigation mechanisms、Strengthen judicial exchanges bet365 live casino games with Hong Kong and Macao regions、Expand the exchange channels of deep Hong Kong and Macao judicial talents,and explicitly stipulate,Support Qianhai Court to apply for authorization bet365 best casino games pilot pilot to explore the application of external law,Do not violate the basic principles of my country's law or does not harm national sovereignty、Under the premise of security and social public interests,Hong Kong capital allows registered in Qianhai Cooperation Zone、Australia、Taiwan -funded and foreign investment enterprises agree to select external law to resolve contract disputes,or applicable to the international treaty、International practice and international commercial rules resolve disputes。

It is not difficult to discover from above,Conflict on resolving the legal legal conflict of the district civil and commercial affairs,The mainland has not changed the past path as a whole,But prepare or do some useful explorations in the two cooperation areas: First, expand the application of the Hong Kong and Macau Law,Second is to build a solution mechanism and platform for the construction of international diversified commercial disputes,Third, strengthen judicial assistance in the Mainland and Hong Kong and Macao,Fourth is to increase judicial exchanges between the Mainland and Hong Kong and Macao。These explorations are of great significance,Available。Solve the conflict of legal legal conflicts between the Mainland and the inter -Hong Kong -Macao district and Macao district,It must be strictly in accordance with the Constitution and Basic Law in the framework of the "one country, two systems"。On the one hand,Fully respect and firmly maintain a high degree of autonomy enjoyed by Hong Kong and Macao。According to the provisions of the two basic laws,National law is not implemented in Hong Kong and Macau,But about national defense、Diplomacy and other laws that do not belong to the scope of Hong Kong and Macau's autonomy in accordance with the basic law。This means that Hong Kong and Macau enjoy sufficient legislative rights in the field of civil and commercial law,Develop a national unified regional conflict law or civil and commercial facts law is currently not feasible。On the other hand,Persist in the foundation of "One Country",Actively promote Hong Kong and Macau integration into the overall national development situation,Never make the conflict between the people and commercial affairs of the district and business in the regional civil and commercial affairs become an obstacle for the relationship between the Mainland and Hong Kong, Macao and civilians。In this background,Choose bet365 best casino games two cooperative zones in the Guangdong -Hong Kong -Macao Greater Bay Area to explore the application of expansion of the Hong Kong and Macao Law,It is undoubtedly conducive to creating a legal system environment that converges Hong Kong and Macao,helps to attract more Hong Kong and Macao residents to live in the cooperative zone、Work,It has a great practical significance。At the same time,Construction of the inter -international diversified commercial dispute resolution mechanism and platform、Strengthen judicial assistance between the Mainland and Hong Kong and Macau、Increase specific measures such as the judicial exchanges between the Mainland and Hong Kong and Macau,It also helps to solve the conflict of legal legal conflicts in inter -citizenship and business in the inter -regional civil and commercial affairs。Of course,In the future with the in -depth integration of the Guangdong -Hong Kong -Macao Greater Bay Area,Hong Kong and Macau further integrate into the overall situation of national development,You can also try how to explore how to pass the legislation through inter -regional collaboration,That is, the relevant legislators of the Mainland and Hong Kong and Macau cooperate and cooperate with each other in legislative work,Establish a special、Inter -Regional Conflicting Law, which is consistent or coordinated with the rules。At the same time,You can also try the specific situation of the legal conflict of the people and business of the regional civil and commercial,Formulate related demonstration laws,For the parties for reference when legislative or judicialness。

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(the author is the dean and professor of the Law School of Sun Yat -sen University)

Editor in charge: Chen Jing
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