内地与香港特区民商事判决承认与执行问题分析

On the Recognition and Enforcement of the Civil and Commercial Case Judgments Made by Courts of the Mainland and Hong Kong Special Administrative Region

摘要: 内地与香港特别行政区进行的民商事判决承认与执行活动，属于一国之下的区际司法协助问题，不宜参照“国际”做法，也不应墨守成规。随着社会的发展，两地经贸关系的密切交往，各法域的法律制度和传统也会发生改革和变化。要使得判决在两地自由流动，就要求对所承认和执行法院判决的范围更广，对所承认和执行法院判决的条件更为宽松。

Abstract: The recognition and enforcement of civil and commercial case judgments between Hong Kong and the Mainland is the national interregion judicial assistance. It should not be taken into account in the way of international recognition and enforcement of judgments and stick to convention. With the development of society and trade communication between Hong Kong and the Mainland, the legal system and tradition in the two legal districts have been greatly changed. For the free move-ment in civil judgments, the applicable scope and condition in the recognition and enforcement of judgments between Hong Kong and the Mainland should be larger and not rigorous.