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内地与澳门、香港分别达成的相互认可和执行民商事判决的两个《安排》,是中国区际私法领域的重大成就。一国之内各法域间彼此相互承认和执行法院判决是一国主权的必然要求。与世界其他多法域国家比较,我国在解决区际法院判决承认与执行问题上具有本国特色,如立法方式、法律依据、适用范围、条件和程序等。同时也有许多不足之处,值得各方关注。
The two “arrangements” for mutually endorsing and implementing civil and commercial judgments respectively reached between the Mainland and Macao and Hong Kong are major achievements in the area of interregional private law. The mutual recognition and enforcement of court judgments among different jurisdictions within a country are the necessary requirements of a country’s sovereignty. Compared with other multi-jurisdictional countries in the world, our country has its own characteristics in resolving the recognition and enforcement of inter-district court judgments, such as the legislative approach, legal basis, scope of application, conditions and procedures. At the same time there are many deficiencies, it is worth all parties concerned.