粤港澳大湾区民事司法合作之展望

Abstract

The Guangdong-Hong Kong-Macao Greater Bay Area is located in Southern China. It consists of the Hong Kong Special Administrative Region, Macao Special Administrative Region and nine cities of Pearl River Delta in Guangdong Province. It is currently one of the regions with the highest degree of openness and the strongest economic vitality in China, and has an important strategic position in the overall national development. Under the guidance of the basic national policy of “one country, two systems”,the judicial system of the Guangdong-Hong Kong-Macao Greater Bay Area has formed a unique situation of “one county, two systems, three jurisdictions”, which brings both opportunitie s and challenges to the construction of the rule of law in Greater Bay Area. The judicial cooperation in the Greater Bay Area is more regional, complex, contemporary and local. Since the two regions returned to China, Mainland China and the two have continuously carried out judicial assistance through signing agreements and other forms, mainly for entrusted service and evidence collection, recognized and enforcement of civil and com mercial judgments, arbitration awards. With the development of the Greater Bay Area, contacts between different regions have become more frequently, economic and trade has been deepened and expanded, the public’s demand for the settlement of civil and commercial disputes has been growin g. Judicial cooperation is not only judicial assistance, but also includes the convergence of civil and commercial rules, convergence and integration of legal system, information technology support, diversified civil and commercial dispute resolution, legal education, and cross-regional training of legal workers and other legal activities that can accelerate the integration of the rule of law in Greater Bay Area. In the future, the judicial cooperation in the Guangdong-Hong Kong-Macao Greater Bay Area will continue to respect the basic national policy of “one country, two systems”, follow the Constitution of the People’s Republic of China, Basic Law of Hong Kong and Macao, actively explore the possibility of unified legislation within the Greater Bay Area. And will rely on information technology to help create a new pattern of rule of law in the Greater Bay Area. According to the rule of law principle and collaborative governa nce principle, integrate dispute resolution resources in Guangdong, Hong Kong and Mac ao, through research and exploration of two important regions (Shenzhen-Hong Kong modern service industry cooperation zone in Qianhai and demonstration zone of in-dept h cooperation among Guangdong, Hong Kong and Macao in Hengqin) in the Greater Bay Area to promote judicial cooperation become more institutionalization, efficiency and informationization.