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中国大陆与香港属于不同的法域,为加强两地合作和技术交流,有必要实行法律协调。其途径,一是适用统一实体法规范,一是适用冲突法规范。目前宜着手协商制定一部《区域法律冲突法》。着眼解决三个问题:第一是经济纠纷案件的管辖权,可确立协议选择、原告选择、先收受理、方便受理、专属管辖、依据条约等规则;第二是经济纠纷案件的法律适用,应坚持平等适用法律,统一援引准据法的标准,以达到公正办案的目标;第三是司法协助,就文书送达、调查取证、判决及裁决的承认和执行等方面加强联系和提供协助。在“一国两制”条件下,将逐步理顺上述三大关系,形成有效的协调机制。
Mainland China and Hong Kong belong to different jurisdictions. To strengthen cooperation and exchange of technology between the two places, it is necessary to implement legal coordination. The way, one is to apply the uniform substantive law norms, one is the application of conflict of laws norms. At present, it is appropriate to work together to formulate a “law on regional conflicts of laws.” Focus on solving three problems: The first is the jurisdiction of economic disputes cases, the establishment of the agreement can be established, the plaintiff choice, first accept the admissibility, admissibility, exclusive jurisdiction, according to the treaty and other rules; the second is the legal application of economic disputes should be Adhere to the principle of equal application of laws and uniformly invoke the standards of applicable laws so as to achieve the goal of just handling cases; and thirdly, make judicial assistance to strengthen contacts and provide assistance in respect of the delivery of instruments, investigation and evidence collection, and the recognition and enforcement of judgments and rulings. Under the principle of “one country, two systems”, the three major relations will be gradually straightened out to form an effective coordination mechanism.