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囿于区际法律冲突和查明、理解香港法的困难,内地法院往往回避香港法的适用,导致相关案件的审理未能达到预期的效果。在涉港民商事案件日渐增多的新形势下,法律适用问题成为蛇口自贸区司法保障的难点。深圳市南山区人民法院积极试点港籍陪审制度,开辟适用普通法的特区,以有效解决自贸区法律适用的难题。国际化、法治化的法律适用提升了蛇口自贸区司法保障的水平。
区 In interregional conflicts of law and the identification and understanding of the difficulties of Hong Kong law, Mainland courts often evade the application of Hong Kong law, resulting in the trial of the relevant cases failing to achieve the expected results. Under the new situation of the increasing number of commercial and commercial cases involving Hong Kong people, the issue of the application of law has become a difficult point for judicial protection in Shekou FTA. Shenzhen Nanshan District People’s Court actively piloted the jury system in Hong Kong and opened up a special zone for common law so as to effectively solve the problem of the law applicable in the free trade zone. The legal application of internationalization and legalization has raised the level of judicial protection in Shekou FTA.