中國內地와 홍콩간의 二重法體制에 관한 小考

Hong Kong, which had been ceded to the Great Britain at the middle of nineteenth century, was returned to the People’s Republic of China since June 1st 1997 based on the ‘Sino-british Joint Declaration’ signed by the two states, the People’s Repulic of China and the United Kingdom. However, Hong Kong was, since its return, entitled to the right of autonomy including administrative power, legislative power and independent judicial power to examine the final trial under the regime of ‘two systems in one country’, which resulted in maintaining its traditional capitalistic system performed for the last 50 years, by establishing it as special administrative district. Accordingly, it is apparently acknowledged that both of districts have differences in the legal system. And there’s no exception in the field of the contractual law based on the universal validity. Generally, it is the most ideal solution to apply the unified private law for the settlement of those sorts of conflicts of law, which is however, practically, impossible on the grounds that the people’s republic of China has declared to guarantee Hong Kong its judicial independence, autonomy, and traditional system. Eventually, there is no option but depending on method used in International Private Law which designates and applies the most appropriate one as governing law to settle the conflicts of law in the inter-regional privity of contract.