内地与香港司法协助落实对 Web3.0 行业有何影响

Author Jin Jianzhi, Senior Lawyer of Shanghai Man Kun Law Firm, announced the arrangement of mutual recognition and enforcement of judgments in civil and commercial cases between the courts of the Mainland and the Hong Kong Special Administrative Region, which was implemented on January. So far, the arrangement of mutual legal assistance between the Mainland and Hong Kong has all come into effect. The history of mutual legal assistance between the two places has a long history of judicial assistance, and the enforcement of court judgments and arbitral awards across jurisdictions usually depends on international judicial assistance treaties. Article 95 of the Basic Law of the People's Republic of China (PRC) Special Administrative Region stipulates that the Hong Kong Special Administrative Region may conduct judicial contacts and provide mutual assistance with judicial organs in other parts of the country through consultation in accordance with the law. At present, the agreement on mutual judicial assistance signed between the two places is as follows: The agreement on mutual judicial assistance was adopted on October, which took effect on October, and the court of the Mainland and the Hong Kong Special Administrative Region entrusted each other to serve civil and commercial justice. The arrangement of documents was adopted on, and the arrangement of mutual enforcement of arbitral awards between the mainland and the Hong Kong Special Administrative Region, which came into effect on, was adopted on, and the arrangement of mutual recognition and enforcement of judgments in civil and commercial cases under the jurisdiction of the parties' agreement between the courts of the mainland and the Hong Kong Special Administrative Region, which came into effect on, was adopted on, and the arrangement of mutual entrustment and evidence collection between the courts of the mainland and the Hong Kong Special Administrative Region, which came into effect on, was adopted on. The arrangement of mutual recognition and enforcement of judgments in civil cases of marriage and family between the courts of the Mainland and the Hong Kong Special Administrative Region was adopted on, and the arrangement of mutual recognition and enforcement of judgments in civil and commercial cases between the courts of the Mainland and the Hong Kong Special Administrative Region was adopted on, and the arrangement of mutual assistance and preservation between the courts of the Mainland and the Hong Kong Special Administrative Region in arbitration procedures was adopted on, and took effect on. From the history of the adoption of the above-mentioned arrangements, we can see that the degree and scope of judicial assistance between the two sides of the strait are getting deeper and deeper from the initial document delivery evidence extraction to mutual recognition and enforcement, from procedure to entity, from arbitration to judgment, which is helpful to strengthen cooperation between the two places, improve the efficiency of the judicial system and protect the legal rights and interests of the parties concerned, especially to a great extent, to solve the problem of cross-border enforcement and the impact on the industry. Announcement of the Effective Date of the Mutual Enforcement of Judgments Ordinance Chapter I of the Regulations on Mutual Enforcement of Civil and Commercial Judgments in the Mainland and the Rules for Mutual Enforcement of Civil and Commercial Judgments in the Mainland were implemented on, and the arrangement of mutual recognition and enforcement of judgments in civil and commercial cases between the courts of the Mainland and the Hong Kong Special Administrative Region was also implemented on, and the two places were completely synchronized under the implementation of judicial assistance matters. At present, disputes involving virtual currency in the Mainland due to regulatory reasons, whether they are court judgments or arbitral awards, The result is full of uncertainty, and it is highly likely that it will be deemed invalid by the judicial organs on the grounds of violating public order and good customs. However, Hong Kong is committed to building a world center, and its attitude towards the industry is quite different from that of the mainland. Naturally, it can be predicted that the judicial organs in Hong Kong will be more open and inclusive in legal disputes involving virtual currency, although there are international comity principles under the common law, for example, although the contract stipulates that Hong Kong law shall apply, the Hong Kong courts can be rooted in the fact that the contract is performed in mainland China. According to this principle, it refuses to implement the contract, but the application of the principle of international comity is very cautious. The judge will comprehensively consider various factors and will never simply quote Man Kun Jin Jianzhi. He understands that it is not possible for the Hong Kong judiciary to invoke the principle of international comity to deny the validity of the legal acts of mainland citizen enterprises involving virtual currency. The main reason is that the regulatory policies in the Mainland are not laws but policy documents at the level of effectiveness, but policy documents have strong timeliness and variability. Hong Kong has its own industry. Idea Therefore, since the judicial attitude of the Hong Kong judiciary towards virtual currency is predictable and it is more convenient for the two places to enforce the arbitration awards mutually, it is entirely possible to seek enforcement in the mainland courts according to the relevant judicial assistance arrangements by stipulating the jurisdiction of currency-related disputes in Hong Kong after winning the judgment in Hong Kong, which can not only avoid the current unfriendly policies and regulations of the mainland courts on virtual currency, but also make the commercial arrangements have judicial remedies. After that, the biggest worry for entrepreneurs in the mainland has begun to be gradually cleared by the Hong Kong government. Many things have begun to be able to innovate business models like other industries through various arrangements, and there is no need to worry about the future without legal protection. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

注册有任何问题请添加 微信：MVIP619 拉你进入群

文章转载注明 网址：https://netpsp.com/?id=61035