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Reform Direction and Development Prospects of Cross-Border Civil and Commercial Litigation in the Guangdong-Hong Kong-Macao Greater Bay Area: Under “the Belt and Road” Initiative
- 1 Hong Kong City University
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Abstract
Since the inception of “the Belt and Road” Initiative in 2013, China’s foreign economic and trade engagements have experienced ongoing growth and expansion. In response to the broader cross-border market, the establishment of a multifaceted dispute resolution framework encompassing litigation, mediation, and arbitration has emerged as a crucial undertaking. This framework is designed to address the growing complexity of international cooperation disputes. Among them, litigation is the most credible and the last guarantee of fairness and justice. China’s cross-border civil and commercial litigation (Hereinafter referred to as the CBCC litigation) has developed rapidly under “the Belt and Road” Initiative. However, there are still a series of problems in case filing, service, application of law, proof of foreign laws, and execution of overseas judgments. Due to the national policy of “one country, two systems”, the Guangdong-Hong Kong-Macao Greater Bay Area (Hereinafter referred to as the Greater Bay Area) has gained unique regional advantages and strategic value in the CBCC litigation reform and practice. This research summarises the development status of the Greater Bay Area since “the Belt and Road” Initiative. It identifies three development directions for the modernisation reform of the litigation in the region: high efficiency, legalisation, and internationalisation. In these three directions, the Greater Bay Area has made certain achievements. These achievements prove that China’s CBCC litigation is actively entering the international track, deepening the determination of international cooperation and exposing the shortcomings of the current cross-border judicial practice. China still has considerable space to progress ahead in enhancing the effectiveness of cross-border dispute resolution, integrating reform initiatives into legal statutes, and advancing international judicial collaboration.
Keywords
the Greater Bay Area, “the Belt and Road” Initiative, dispute resolution, the cross-bordar civil and commercial litigation, opening up
[1]. SONG Xixiang, ZHANG Yibo, (2020) On the Construction of Diversified Dispute Resolution Mechanism in Guangdong-Hong Kong-Macao Greater Bay Area. Journal of Shanghai University (Social Science Edition) 90.
[2]. SHEN Fangjun, (2022) An Empirical Study on Multiple Resolution Mechanism of Foreign-Related Commercial Disputes Under the Background of “the Belt and Road” Initiative, Journal of Law Application, 55.
[3]. ZHOU Qiang, (2022) Report of the Supreme People’s Court on the work of foreign-related trials in the People’s Courts. Retrieved from http://www.npc.gov.cn/npc/c30834/202210/a3adfb94fc8b4070bb50e4a5a9d25e7b.shtml
[4]. Yvette Lind, (2019) ‘The Role and Function of Taxation for Sustainable Economic Recovery Post-COVID-19 Introduction’ 23 Florida Tax Review, 495.
[5]. Madmood Monshipouri, (2020) ‘The Post-COVID-19 Pandemic World Order: Imposing New Realities’ 17 International Studies Journal (ISJ), 7.
[6]. SHI Lin, (2023) ‘The draft amendment to the Civil Procedure Law is submitted for deliberation: Improving the system of foreign-related civil and commercial litigation’ The People’S Congress of China, 36.
[7]. SUN Xiangzhuang, (2020) ‘A Chinese Approach to International Commercial Dispute Resolution: The China International Commercial Court’ 8 The Chinese Journal of Comparative Law, 45.
[8]. Randall Peerenboom and Xin He, (2009) ‘Dispute Resolution in China: Patterns, Causes and Prognosis’ 4 East Asia Law Review, 1.
[9]. Chen Hangping, (2016) ‘“Rough and Negligent Service”: A Sample Perspective on the Shortcomings of Civil Justice in China’ 22 Legal and Social Development, 40.
[10]. Yang Xiuqing, (2018) ‘To Optimize the Pretrial Procedure of Civil Action by Overcoming the Service Difficulty’ Shandong Social Sciences, 5.
[11]. Liu Ting, (2018) ‘Research on the Issue of Law Application in Hearing the Foreign-related Civil and Commercial Disputes under the “Belt and Road Initiative” Strategy——In Terms of the Phenomenon of “Localization”‘, 34 Tianjin Legal Science, 11.
[12]. Cao Yanqiong, (2023) ‘The Applicable Law Model and Rules Reconstruction in Cross-border Evidence Examination’ 40 Studies in Law and Business, 187.
[13]. Bin Sun, (2017) ‘The Future of Cross-Border Litigation in China: Enforcement of Foreign Commercial Judgments Based on Reciprocity Commentary’ 50 New York University Journal of International Law and Politics, 1135.
[14]. Liu Li v. Tao Li et al. for Recognition and Enforcement of a Civil Judgment of a Foreign Court [2017] CLI.C.9347048(EN).
[15]. Kolmar Group Ag v. Jiangsu Textile Industry (Group) Import & Export Co Ltd [2018] 4 CMCLR 17.
[16]. Mengqi Du and others, (2022) ‘Digital Empowerment of Governance System Innovation in Guangdong-Hong Kong-Macao Greater Bay Area Urban Agglomeration’ 19 US-China Law Review, 448.
[17]. Chun Yang, (2006) ‘The Pearl River Delta and Hong Kong: An Evolving Cross-Boundary Region under “One Country, Two Systems”‘ 30 Habitat International, 61.
[18]. Jin Huang and Andrew Xuefeng Qian, (1994) ‘“One Country, Two Systems,” Three Law Families, and Four Legal Regions: The Emerging Inter-Regional Conflicts of Law in China’ 5 Duke Journal of Comparative & International Law, 289.
[19]. Xin He and Kwai Hang Ng, (2017) ‘“It Must Be Rock Strong!” Guanxi’s Impact on Judicial Decision Making in China’ 65 The American Journal of Comparative Law, 841.
[20]. Yanjie Bian, (1994) ‘Guanxi and the Allocation of Urban Jobs in China’ 140 The China Quarterly, 971.
[21]. Fan Zhen, (2015) ‘Guangdong Unified Implementation of Electronic Service of Litigation Documents’ Newspaper of People’s Court, 1.
[22]. Yang Bo-chao, Li dan, (2022) ‘The System Construction and Development of Commercial Dispute Resolution Mechanism under the Belt and Rode Initiative’ Commercial Research, 80.
[23]. Xue Yuan, Cheng Yanqun, (2020) ‘The Establishment of “One-Sto0” International Commercial Dispute Resolution Mechanism——from the Perspective of International Commercial’ 1 Journal of Political Science and Law, 149-160.
[24]. Xia Ziting, (2021) ‘Research on Government Cooperation legislation In Guangdong-Hong Kong-Macao greater Bay Area’ Inner Mongolia University
[25]. HE Qisheng Research Team, (2019) ‘The Development of Contemporary International Commercial Courts——A Comparison with China International Commercial Court’ Business and Economic Law Review, 60.
[26]. Li Jia, (2023) ‘Judicial Application of the CISG in the Context of the Civil Code’ 30 Journal of Shanghai University of International Business and Economics, 76.
[27]. Poland INDECO Joint-Stock Company v. Guangdong Press Metal International Ltd [2022] CLI.C.409945447(EN)
[28]. Zhang Shutian, (2018) ‘Twenty Years of Guangdong-Hong Kong-Macao Legal Cooperation: Achievements and Prospects’ The Rule of Law Society, 72.
[29]. Xu Weigong, Zhang Yajun, (2022) ‘Dilemma and Resolution of non-agreed Applicable Law in cross-border Contract Disputes under “the Belt and Road” Initiative’ Journal of Gansu University of Political Science and Law, 1.
[30]. Liu Tianshu, Zou Runqiao, Xichao, (2021) ‘Research on Private International Law in civil and commercial cases involving Hong Kong and Macao in Guangdong-Hong Kong-Macao Greater Bay Area -- Based on empirical analysis of trial practice of Qianhai Court in Shenzhen’ Hong Kong and Macao Studies, 16.
[31]. Zhang Shudian, (2017) ‘Conflict of Laws and Legal Cooperation in the Construction of the Guangdong-Hong Kong-Macao Greater Bay Area City Cluster’ Hong Kong and Macao Studies, 17.
Cite this article
Hou,D. (2023). Reform Direction and Development Prospects of Cross-Border Civil and Commercial Litigation in the Guangdong-Hong Kong-Macao Greater Bay Area: Under “the Belt and Road” Initiative. Lecture Notes in Education Psychology and Public Media,28,8-20.
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