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2006年7月,内地和香港签署了《关于内地与香港特别行政区法院相互认可和执行当事人协议管辖的民商事案件判决的安排》。从其主要内容来看,它在一定程度上包容了内地的审判监督制度,并将内地所有具有涉外民商事案件审判权的法院的判决纳入进来,具有突破意义。但是,它的局限性也不容忽视。为了进一步促进两地民商事判决流通的合作,我们应该赋予互惠原则新的涵义并完善内地的审判监督制度。同时,香港也应该逐渐建立对内地的司法信任。
In July 2006, the Mainland and Hong Kong signed the “Arrangements for Civil and Commercial Judgments Subject to the Mutual Recognition and Enforcement of the Agreement between the Parties of the Mainland and Hong Kong Special Administrative Region.” From its main point of view, it has, to a certain extent, tolerated the trial supervision system of the Mainland and brought in the judgments of all the courts in the Mainland that have the jurisdiction over foreign-related commercial and commercial cases, which is of breakthrough significance. However, its limitations can not be ignored. In order to further promote the cooperation between the civil and commercial judgments in both places, we should give new meaning to the principle of reciprocity and improve the trial and supervision system in the Mainland. At the same time, Hong Kong should gradually establish its judicial trust in the Mainland.