以香港為視角看兩岸四地司法協助制度

随着内地与港澳对一国两制下司法协助新模式的积极探索和2008年以来两岸关系的历史性转折,内地和港、澳、台四地间的司法协助成效显著。尤其是近年来,两岸签署了经济合作框架协议等一系列协议,四地间经济、文化等交流日趋紧密,涉及司法协助的案件整体上增长势头明显,数量上远超国际司法协助案件。2012年人民法院办理涉港文书送达司法协助案件1515件,涉澳文书送达和调查取证司法协助案件81件,较2008年分别上升了38.5%和72.3%。2009年6月25日两岸司法互助协议生效后,当年人民法院办理的两岸司法协助案件数量即突破1000件,此后每年都在6000件以上。四地间司法协助工作的全面开展,既有利于区际司法合作的深入推进,也为四地的融合和经贸关系发展提供了制度保障和动力。本期特选取温嘉明律师关于四地间司法协助制度的文章,梳理区际司法协助的法律基础和发展历程,研讨其取得的成就及尚存的不足。

Legal Assistance System between Mainland China,Hong Kong,Macao and Taiwan from the Perspective of Hong Kong

Editor＇s Note： With the active exploration of the Mainland China, Hong Kong and Macao on the new models of legal assistance under the ＂one country, two systems＂ policy and the historic turning point of the cross-strait relations since 2008, legal assistance between the Mainland China and Hong Kong, Macao and Taiwan has achieved remarkable progress. Especially in recent years, with the signing of a series of agreements such as economic cooperation framework agreement, the economic and cultural exchanges have been increased greatly between the four regions. The number of cases involving legal assistance is on the rise, far more than that of international legal assistance cases. In 2012, people＇s courts handled up to 1,515 cases of legal assistance involving the service of Hong Kong-related documents, 81 cases of legal assistance involving the service of Macao- related documents and obtaining evidence, increased by 38.5% and 72.3% respectively compared with 2008. After cross-strait mutual legal assistance agreement took effect on June 25, 2009, people＇s courts handled more than 1000 cases of legal assistance in that year and the number reaches 6000 every year since then. Legal assistance between the four regions can not only further promote interregional judicial cooperation, but also provide an institutional guarantee and motivation for the integration and the development of economic and trade relations between the four regions. Wen Jiaming＇s article makes a research on legal assistance system between the Mainland China, Hong Kong, Macao and Taiwan, analyzing the legal basis and development process of interregional legal assistance as well as its achievements and deficiencies.