This study compares how Mainland China and Hong Kong Special Administrative Region (hereinafter “Hong Kong”) overturn final judgments tainted by fraud. A judgment tainted by fraud refers to a judgment mainly made on evidence that is altered, influenced, disguised or distorted by fraud, or a judgment made by a judge engaging in fraudulent or deceptive practices. Mainland China and Hong Kong have each developed their own solutions to tackle such judgments. Mainland China adopted a procedure for trial supervision to impeach such judgments. Hong Kong has a long established principle that a party can commence an action on such judgments. This comparative study not only demonstrates the differences between the two approaches, but also explains why they are different. Furthermore, this study proposes a solution to help the mutual judgment recognition and enforcement between Mainland China and Hong Kong. More importantly, this article is a timely commentary on the newly revised Chinese Civil Procedure Law and it adds to a broad debate about how to make domestic law in the context of globalization.
- Judgment recognition and enforcement,
- civil procedure,
- Mainland China,
- Hong Kong
Available at: http://works.bepress.com/jie_huang/2/