Promote the integration and mutual learning of judicial rules in the Guangdong Hong Kong Macao Greater Bay Area

2025-01-17

In recent years, the mainland and Hong Kong and Macao have achieved positive linkage, complementary advantages, and joint development in the economic and social fields. Deepening the integration of legal rules and mechanisms in the Guangdong Hong Kong Macao Greater Bay Area is conducive to transforming institutional differences into development drivers and further unleashing the enormous development potential of the Greater Bay Area. Based on the rule of law, continuously empower the high-quality development of the Greater Bay Area. The Guangdong court promotes the integration and mutual learning of judicial rules among Guangdong, Hong Kong, and Macao, continuously making breakthroughs in the "soft environment" of the system, and fully demonstrating the superiority of the socialist judicial system with Chinese characteristics in better promoting the integrated development of Guangdong, Hong Kong, and Macao. Not long ago, the Intermediate People's Court of Foshan City made a ruling to recognize and enforce the effective civil and commercial judgment made by the High Court of the Hong Kong Special Administrative Region in a case where mainland residents sued a Hong Kong company for paying rent and investment arrears. This case is the first case in the Guangdong Hong Kong Macao Greater Bay Area where mainland courts have applied the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Case Judgments between Mainland and Hong Kong Special Administrative Region Courts" to recognize and enforce civil and commercial judgments of Hong Kong Special Administrative Region courts. This ruling effectively promotes cross-border enforcement of civil and commercial judgments and reduces the burden of repeated litigation for the parties involved. The flow of legal protection elements and the connection of judicial rules in the Guangdong Hong Kong Macao Greater Bay Area have entered a "deep water zone". From 2023 to 2024, the courts in the province have concluded a total of 43200 cases related to Hong Kong and Macao, including 36700 cases related to Hong Kong and 6500 cases related to Australia. Behind the heavy achievements is the long-standing effort of Guangdong courts to focus on the connection of rules and mechanisms in the Guangdong Hong Kong Macao Greater Bay Area. In recent years, Guangdong courts have issued two guidelines on the connection of judicial rules for commercial disputes involving Hong Kong and Macao, drawing on the witness testimony procedures of Hong Kong and Macao, and establishing a legal investigation platform for the Guangdong Hong Kong Macao Greater Bay Area that collects more than 30000 foreign laws and nearly 70000 judicial documents, effectively solving the problem of identifying foreign laws. Small wisdom governs affairs, great wisdom governs systems. Guangdong courts have strengthened the institutionalization and standardization of judicial assistance work, issued guidelines for judicial assistance work, and improved the process of handling judicial assistance cases. Upgrading the inter regional judicial assistance platform, three courts including the People's Court of Hengqin Guangdong Macao Deep Cooperation Zone, the People's Court of Shenzhen Qianhai Cooperation Zone, and the People's Court of Nansha District in Guangzhou have achieved online direct judicial assistance with the Court of Final Appeal of the Macao Special Administrative Region. In the past two years, 346 judicial assistance cases involving Macao have been completed, with an average processing time shortened by 30%. In terms of deepening the cross-border enforcement linkage mechanism, in the past two years, mainland courts in the Greater Bay Area have closed 1.7108 million cases (including 826 cases involving Hong Kong and Macao), adopted "live sealing and detention" measures more than 70000 times, fulfilled grace periods more than 79000 times, issued more than 27000 "pre punishment notices", issued more than 69000 credit repair certificates or voluntary performance certificates, and helped 486000 people restore their credit. The connection of judicial rules also relies on the construction of communication platforms. Guangdong courts continue to strengthen cross-border judicial exchanges and cooperation, holding international seminars on intellectual property judicial protection, forums on judicial and arbitration development, and other exchange activities. They also cooperate to establish case study bases in the Guangdong Hong Kong Macao Greater Bay Area and innovation bases for judicial research in Guangdong Hong Kong Macao. Invite experts from the academic and practical fields of mainland China, Hong Kong, and Macao to participate in the seminar, expanding the breadth and depth of legal exchanges among the three regions. In December last year, the Macao mediation organization participated for the first time in the mediation of cross-border civil and commercial disputes at the People's Court of the Hengqin Guangdong Macao Deep Cooperation Zone, consolidating the rule of law and creating a new pattern of diversified dispute resolution. After the successful mediation, the representative of the Macau parties, Mr. Li, happily said, "The participation of the Macau mediation organization has made the mediation smoother, and we hope that this mediation method will become more common in the future." In recent years, Guangdong courts have gathered the strength of the rule of law to create a more professional, efficient, and convenient new pattern of diversified cross-border civil and commercial dispute resolution, which has yielded fruitful results. Standardize the selection mechanism for mediators from Hong Kong and Macao, establish a unified list of specially invited mediators from Hong Kong and Macao throughout the province, and currently, 120 specially invited mediators from Hong Kong and Macao have been hired to participate in cross-border dispute resolution. In the past two years, the courts in the province have established 160 litigation mediation docking centers, linked 2706 professional mediation organizations, and more than 21000 mediators, relying on social forces and online mediation platforms to mediate nearly 1.842 million disputes. By continuously improving the mechanism for connecting litigation, arbitration, and mediation, Guangdong courts have embarked on a new path of supporting and guiding the deep participation of arbitration and mediation in assisting social governance. The Provincial Court, along with the Provincial Department of Justice, the Provincial Federation of Overseas Chinese, and the Provincial Council for the Promotion of International Trade, jointly held a conference to promote diversified resolution of cross-border civil and commercial disputes. They signed a memorandum to further improve and perfect the mechanism for diversified resolution of cross-border civil and commercial disputes, and comprehensively strengthened the sharing and construction of resources such as overseas law investigation platforms, professional mediation teams, and mediation organizations. Support Guangzhou Intellectual Property Court, Shenzhen Qianhai Cooperation Zone Court, and Hengqin Guangdong Macao Deep Cooperation Zone Court to explore the absorption of Hong Kong and Macao mediation organizations such as the Hong Kong International Mediation Center, Hong Kong Mediation Association, and Macao Lawyers Union Mediation and Mediation Center as invited mediation organizations, and complete the first mediation case in June 2024. Support local courts to explore convenient and efficient mediation mechanisms tailored to local conditions. Promote judicial support for arbitration work in accordance with the law, take the lead in achieving centralized handling of domestic and international arbitration judicial review cases, and the support rate of arbitration awards by courts in the province is nearly 98%. Introduce work guidelines for handling arbitration judicial review cases and unify the standards of arbitration judicial review judgments. Publish the first batch of typical cases of arbitration judicial review in Guangdong courts to help enhance the willingness of parties to choose arbitration as a means of resolving disputes. The rule of law is the best business environment. The courts throughout the province will continue to focus on shaping a first-class legal and business environment, comprehensively strengthen the connection of litigation rules and mechanisms among the three regions, and make every effort to build a 'preferred place' for cross-border dispute resolution, in order to promote the high-quality development of the Greater Bay Area with high-quality justice The relevant person in charge of the provincial court stated. (New Society)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:nafnang

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