Recognizing That The Study Of Reciprocity In The Foreign Court Judgment And Execution

The principle of reciprocity is one of the general principles in internationalcustomary law which reflects the independence and equality of state sovereignty. Inmany countries, the principle of reciprocity has been adopted as a general conditionfor the recognition and enforcement of a judgment made by a foreign court. Thereciprocity embodied in conventions is clear and easy to distinguish, however itremains a key and difficult problem to examine the reciprocity when there is noconventional reciprocity. It is urging to conduct advance research regarding this issuewhen the number of international litigation is increasing. This article first discussesthe basic theories of reciprocity and analyzes different countries’ legislation aboutreciprocity; this article further introduces the controversial question on whether or notthe principle of reciprocity should be abolished and elaborates the value of reciprocity;finally this article concludes the current legislation regarding the principle ofreciprocity in China and analyzes the issues lying in the judicial practice and putsforward some suggestions for improvement. This article consists of five chapters:Chapter one addresses the basic theories regarding the principle of reciprocity.This chapter begins with the introduction of the concept of reciprocity, and thenillustrates reciprocity in various fields of international law. This chapter alsodemonstrates the historical development of the principle of reciprocity in the field ofrecognition and enforcement of foreign judgment.Chapter two explores the three different legislative models regarding theprinciple of reciprocity in the field of recognition and enforcement of foreignjudgment in various countries and sums up the embodiment of this principle ininternational conventions as well.Chapter three discusses the controversy on whether or not the principle ofreciprocity should be abolished and makes prospects on the development tendency ofreciprocity principle. Chapter four deals with the application of reciprocity principle in variouscountries. This chapter first introduces and comments on several typical cases andthen concludes the different examination criterion adopted by most countries.Chapter five is the core chapter of this article. It mainly covers the followingthree aspects: first, the current legislation status of reciprocity principle in China,secondly, case analysis regarding the application of reciprocity principle in judicialpractice, finally, the issues lying in this area and some suggestions for improvement.In the final part, the author reaffirms it is necessary to reserve reciprocityprinciple in Chinese law and in judicial practice the reciprocity should be deduced toexist.