Civil Trial Guidance and Reference (Issue No. 25)

Author: Supreme People's Court Civil
Publisher:
Publish Date: 2006-05-01
Features: 【New Judicial Interpretation】Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region (Supreme People's Court Judicial Committee No. 1378 meeting passed on February 13, 2006, Judicial Interpretation [2006] No. 2)
According to the provisions of Article 93 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Supreme People's Court and the Macao Special Administrative Region have, through consultation, reached the following arrangement regarding the mutual recognition and enforcement of civil and commercial judgments between the Mainland and the Macao Special Administrative Region:
Article 1 The mutual recognition and enforcement of judgments in civil and commercial cases (including labor disputes in the Mainland and labor civil cases in the Macao Special Administrative Region) between the Mainland and the Macao Special Administrative Region shall be governed by this Arrangement. This Arrangement also applies to judgments and decrees on civil damages in criminal cases. This Arrangement does not apply to administrative cases.
Article 2 The term "judgment" referred to in this Arrangement includes, in the Mainland: judgments, decrees, decisions, mediation agreements, and payment orders; and in the Macao Special Administrative Region: judgments, decrees, decrees confirming settlements, decisions or orders of judges. The term "requesting party" refers to the court in the Mainland or the Macao Special Administrative Region that accepts the application for recognition and enforcement of the judgment.
Article 3 A party may apply to the court with jurisdiction in the other party's territory for the recognition and enforcement of a final judgment with a claim for performance. For judgments without a claim for performance or those that do not require enforcement but need judicial recognition, a party may apply for recognition separately to the other party's court or use the judgment as evidence in litigation proceedings in the other party's court.
Article 4 The Intermediate People's Courts in the Mainland with jurisdiction to accept applications for recognition and enforcement of judgments are those in the domicile, habitual residence, or place of property of the respondent. If two or more Intermediate People's Courts have jurisdiction, the applicant shall choose to submit the application to one of them. In the Macao Special Administrative Region, the Intermediate People's Court has jurisdiction to accept applications for recognition of judgments, while the Primary People's Court has jurisdiction for enforcement.
Article 5 If the respondent has assets available for execution in both the Mainland and the Macao Special Administrative Region, the applicant may submit an application for execution to a court in one jurisdiction. At the same time, the applicant may also apply to the court in the other jurisdiction for New Judicial Interpretation Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region Supreme People's Court Spokesperson Answers Reporter's Questions Regarding the Signing of the Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region
Judicial Interpretation and Application Understanding and Application of the Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region
Litigation Jurisdiction in Relocation Disputes – With Discussion on the Understanding and Application of Judicial Interpretation (2005) No. 9
Special Topics On the Current Situation of Civil Litigation Mediation in Zhejiang Province – An Investigation and Analysis of Strengthening Litigation Mediation and People's Mediation to Promote the Continuous Improvement of the "Big Mediation" Mechanism – A Research Report on the Interconnection Between Litigation Mediation and People's Mediation
Report on the Implementation of Civil Litigation Mediation
Hot Debates Legal Issues in Cases Where Bank Cards Are Counterfeited and Deposits Are Fraudulently Withdrew – On the Validity of Deposit Repayment in Savings Contracts and the Determination of Liability for Breach
Research on Household Service Legal Issues in Countries Still in the Exploratory Stage
Judicial Cases on the Legal Status of Owners' Committees – Cases and Theories
Special Tort Liability – Liability of Animal Owners
Property Rights Column
Priority Effect of Property Rights
Judicial Practice and Research Issues in Property Rights Law
Determination and Handling of Liability for Delayed Registration in Real Estate Purchase Disputes – Interpretation of Article 18 of the Supreme People's Court's Judicial Interpretation on Several Legal Issues in the Trial of Real Estate Purchase Contract Disputes
Reflections on Several Legal Issues in Criminal Civil Litigation
Foreign Legal Review
Investigation Report on the Labor Dispute Handling System in Austria and the United Kingdom
Judge's Salon
Analysis of the Supreme People's Court's Second Instance Cases
Determination of Conditions for the Validity of Land Use Rights Transfer Contracts and the Specific Manifestation of National Policies in the Performance of Such Contracts – Appeal Case of Land Use Rights Transfer Contract Dispute Between Qingdao Laoshan District Land Resources Bureau and Qingdao Nanta Real Estate Co., Ltd.
Whether a Creditor Can Request the Revocation of a Contract for the Transfer of Debt – Appeal Case of Land Transfer Fee Recovery Dispute Between Beihai Municipal People's Government and Zheng Mingru
Selected Judgments
Applicant: Changchun Research Institute of Applied Chemistry, Chinese Academy of Sciences
Respondent: Changchun Feng High-Tech Co., Ltd.
Case: Engineering Payment Dispute