Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characteristics of Mainland law, conflicts between civil and common laws, weak mutual trust, and the lack of a court of final review for cases from all three regions. It proposes solutions to each challenge by comparative studies with the US and the EU interregional JRE laws.
- Judgment recognition and enforcement,
- civil procedure,
- Mainland China,
- Hong Kong,
- Brussels I Regulation,
- Full Faith and Credit Clause
Available at: http://works.bepress.com/jie_huang/4/