On The Reciprocal Relationship In The Recognition And Enforcement Of Foreign Count Judgment System In China

With the continuous rise of China’s international status and the need for the development of world economic integration,most countries have civil and commercial exchanges and cooperation with China.At the same time,a large number of transnational civil and commercial disputes have arisen from time to time.The number of courts’ recognition and enforcement is also increasing.However,the fact that our country upholds the fact that reciprocity can no longer meet the needs of the free circulation of the judgments of various countries,not only does the parties fail to obtain the corresponding protection of interests,but also violates the spirit of courtesy of the great powers.This article has made an in-depth discussion on the application of China’s reciprocal relationship,pointed out its existing problems and put forward specific improvement measures based on China’s national conditions.This article consists of four parts.The first part of the article outlinestwo typical cases that require our courts to recognize and enforce judgments of foreign courts.The two distinct treatments of the Nanjing Intermediate Court and the Nanchang Intermediate Court lead to three problems in applying reciprocal relations in China,namely Whether the reciprocal relationship is a necessary condition for China to recognize and enforce the judgment of a foreign court,how to determine the reciprocal relationship between the requesting country and our country,how to deal with the non-reciprocal relationship between the requesting country and our country,and give a brief answer to it.The second part introduces the four modes of review of reciprocity relations in most countries and their respective advantages and disadvantages,and analyzes the obstacles caused by China’s strict application of the review standards of factual reciprocity relations from the current legal provisions of our country.The third part first enumerates a large number of cases in which our courts refused to recognize the decision-making country because of the absence of reciprocal relationship between the two parties,to show that China adheres to the factual reciprocal relationship,and points out that this concept of passive prevention in China is too old and not conducive Carry out international commercial trade.Afterwards,we summarized China’s judicial practice in treaty reciprocity,factual reciprocity,legal reciprocity and non-reciprocal relationship.At the end of the third part,we list the very few cases in which our country recognizes the decision-making country and the latest developments in our country’s review of reciprocal relations.The fourth part is the conclusion of thisarticle,synthesizing the previous narrative and giving some suggestions of the author on the impact of the three questions raised at the beginning of the article,hoping that our legislature can respond to the reciprocal relationship as soon as possible Perfect,promote legal reciprocity and presumed reciprocity at the right opportunity,and get rid of the restraint of factual reciprocity as soon as possible.