Research On The Recognition And Enforcement Of Foreign Judgments In China

With the increasing degree of economic globalization,the inter-state civil and commercial exchanges have become more frequent,and the friction between trades has begun to occur frequently.This situation has resulted in an increasing number of transnational lawsuits.The increasing number of transnational lawsuits has prompted us to recognize and implement.There are more and more cases of extraterritorial judgments,and the significance of their research is particularly important.In the current legislative situation in China,China’s legislation in this field is still not perfect,and the general application of the relevant issues or the general provisions of the law is resolved.At the same time,China is also absorbing the advanced experience in relevant international fields and following the international trend.The pace is constantly moving forward.However,the current legislative background has added difficulties to the judicial practice of our country,which has also impeded the work of judicial assistance and is not conducive to the development of China’s cross-border trade.This paper is mainly divided into four parts.The first part is the introduction,which mainly introduces the background and significance of the research,the research status,research methods and innovations in this field at home and abroad.The second part is an overview of the recognition and enforcement of foreign court judgments,its background and concept,and an introduction to the theoretical development of the recognition and enforcement of foreign court judgments.First of all,it introduces the development of the international doctrine in this field.The "international comity theory" is the theoretical basis of the "reciprocity principle" which is widely used by various countries.Besides the "reciprocity principle",the "debt theory" is also adopted by many countries.Application,in China’s practice,when there is no reciprocal relationship,the application of“debt theory” is also a good solution to the problems encountered in judicial practice.Secondly,it introduces the specific conditions required for the recognition and enforcement of foreign court judgments.This provides a theoretical basis for the analysis of the lack of legislation and institutions in China.Finally,it focuses on the principle of reciprocity,andcombined with the current situation in China,the more relaxed reciprocity policy can better adapt to the development of judicial assistance in the current international environment,and through analysis.It is concluded that the recognition and enforcement of foreign court judgments will not only help China save judicial resources,but also contribute to the realization of the rights of the parties.The third part is to analyze the status quo of the recognition and enforcement of foreign courts based on the theoretical basis,in order to obtain the reasons for the difficulty of recognition and enforcement of foreign court judgments,mainly through the lack of legislation and the obstacles of reality.From the perspective of legislation,China’s provisions on the recognition and enforcement review of foreign court judgments and the time limit for review are not precise enough.Most of them are general provisions in the Civil Procedure Law,and there is no legislation in related fields to provide detailed and judicial practice.From the perspective of judicial practice,imperfect legislation has made it difficult for China’s judicial operation.China’s realistic policy of strict legal reciprocity is not conducive to the development and progress of China’s judicial assistance cause,but in 2017 Wuhan Intermediate People’s Court The recognition of the cases decided by the US courts has opened a new door for the cause of judicial assistance in China.The fourth part is mainly about China’s perfect suggestions for the difficulty of enforcement of foreign court judgments.By combining the status quo of legislation and judicature,it puts forward corresponding suggestions for improvement.From the perspective of legislation,the improvement of the reciprocal system is a fundamental problem that China urgently needs to solve.It is the support for the bridge of judicial assistance between China and other countries.Only when the pier is strong and stable can the bridge be smoother and smoother.At the same time,the review of jurisdiction and the criteria for reviewing procedures are all issues that China needs to consider when improving the legislative system.We should follow the progress of the times and constantly improve our existing legislative and judicial system in order to adapt to the international development trend and continue to promote our country.Economic development and progress,legally guarantee economic development,promote economic progress with economic development;and while improvinglegislation in related fields,we must also strengthen exchanges between countries,keep abreast of international trends,keep up with international trends,and continue to internationally In the exchanges,we will absorb and carry forward the excellent international legal system,and then cater to the status quo of China to perfect the relevant legislation and judicial system in China,and promote the sound and rapid development of China’s economy.In view of the current status of recognition and enforcement of foreign judgments in China,and aiming at the future development direction of China in the legislative and judicial fields,we have made the prospects as described in the article,hoping to give a good enlightenment to the future legislation in related fields in China..To improve the relevant legislative system to promote the progress of judicial practice,to promote the recognition and enforcement of more judgments between China and other countries through the advancement of judicial practice,and to further strengthen judicial exchanges between countries with the recognition and enforcement of more judgments.The progress has promoted the improvement of the legislative system and promoted the steady development of the Chinese economy.