The Analysis Of The Principle Of Reciprocity In Recognition And Enforcement Of Foreign Judgements

With the close development of international civil and commercial relations, to a country court in his country to get the situation of the implementation of more and more, it refers to the recognition and enforcement of foreign judgment. But, at the present time, most of the countries in the world treat this problem are in a certain extent, the principle of reciprocity, and in order to as recognition and execution of one of the conditions of his country’s court, hinder the foreign judgments in the country’s freedom of movement. But for foreign-related divorce cases, our country has not adopted the principle of reciprocity. Therefore, it is necessary to apply the principle of reciprocity in the recognition and enforcement of foreign judgments, and study the foreign-related divorce cases under the applicable exception.In addition to the introduction, this paper is divided into 4 parts, a total of 18500 words.The first part is a brief introduction of the case. From the Malaysian Jian Yongming to the Chinese court for giving recognition and start the execution of the judgment of the court of Malaysia, detailed introduces the background of the case, the contents of the Malaysian court verdict, Ningde City Intermediate People’s court verdict of Marfan position and reason, and consequent thinking.The premise of the second main part of the Ningde City Intermediate People’s court for the principle of reciprocity in the case of the. In the concept of combing the principle of reciprocity, distinguishing the doctrine of reciprocity and the implementation of the reciprocal basis, it is concluded that the according to China’s current legal provisions and judicial practice, foreign-related divorce cases is reciprocity principle applies to the exception of conclusion. Finally, in the case of qualitative premise of cases of child custody, custody of, to investigate whether the case should apply the principle of reciprocity.The third part discusses the Ningde City Intermediate People’s court in this case is how to apply the principle of reciprocity. First introduced the four different standard of reciprocity, that is the fact that the mutual, reciprocal treaty, reciprocity laws and presumption of reciprocity, and analysis of a in recognition and enforcement of foreign judgments. Then summed up the Ningde City Intermediate People’s court in the case of the specific application of what kind of reciprocity, and then to explore the impact of the relevant judicial practice in our country.The fourth part is the core part of this paper, mainly based on the case as the basis of research, the current situation of China’s strict application of the facts to reflect on the status quo. First summarize the case may the adverse impact on the future of the judicial practice, on the one hand, is not conducive to the Chinese court’s decision in Malaysia obtained recognition and enforcement; on the other hand, is not conducive to protect the future Malaysia of the parties rights and interests. And then analyzes the necessity of the principle of reciprocity. At last, I put forward the proposal of improving the judgment of the court in his country.