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我国内地与港澳之间的区际司法协助是由《基本法》设定,并具有自身特殊规律的一种法律合作形式。它以特别行政区的高度自治和独立司法权为基础,通过各主体之间的平等协商来具体实施。因三地的法律制度差异较大,又缺乏上位法和上位司法权协调机制,在具体合作和制度建设中遇到不少难题,亟待更新观念,从理论与实务两个层面进行突破。各法域应在“一国两制”方针的指导下,按照相互尊重、主动合作、注重程序、效率优先的原则构建合作机制和开展司法协助,为区域经济发展和社会稳定提供法制保障。
Interregional judicial assistance between the Mainland of China and Hong Kong and Maucais is a form of legal cooperation set by the “Basic Law” and having its own special laws. It is based on the high degree of autonomy and independent judiciary of the SAR, and is implemented through equal consultations among all the parties. Due to the large differences in the legal systems between the three places and the lack of coordination mechanism between the upper-level laws and the upper-level judicial departments, many difficulties are encountered in the specific cooperation and system construction. The concepts are urgently needed to be updated and both theoretical and practical breakthroughs are made. Under the guidance of the principle of “one country, two systems” and in accordance with the principle of mutual respect, active cooperation, emphasis on procedure and efficiency, all jurisdictions should establish a cooperation mechanism and carry out judicial assistance so as to provide the legal guarantee for the regional economic development and social stability.