A Study On The Principle Of Reciprocity In The Recognisition And Application Of Foreign Judgements

With the deepening of global economic integration and the deepening of China’s openness to the outside world,China’s economic and trade exchanges with other countries are closer.Of course,in this process,cross-border economic disputes have sprung up,and the settlement of foreign economic disputes needs to be resolved.The laws of most countries stipulate that the necessary condition for recognizing a foreign court judgment is the existence of a reciprocal relationship.In the field of accreditation of foreign courts,although the principle of reciprocity applies in a wide range,due to the inconsistent pace of global integration in various countries,the practice of each country in both legislative and judicial practice varies widely.Still in dispute.The application of the principle of reciprocity may not only sacrifice personal interests because of excessive protection of national sovereignty,but also hinder the free flow of judgments between countries to a certain extent.At this point,people are increasingly skeptical about the principle of reciprocity.Although the application of the principle of reciprocity has repeatedly stalled cooperation between countries in this field when acknowledging and enforcing foreign court decisions,this does not mean that it does not adapt to this era.Although China still has many shortcomings in the application of the principle of reciprocity,such as the legislation does not clearly stipulate who is responsible for the burden of proof of reciprocity,and the relevant provisions of the reciprocity standard are too simple,etc.,in judicial practice,China still holds a position of reciprocity,but As far as our currentsituation is concerned,the complete abolition of the principle of reciprocity is out of date.Since judicial independence is China’s consistent position,and the principle of reciprocity is the concrete manifestation of judicial independence in this field,this principle still must exist,but it needs to be modified and applied in practice.To this end,this article takes the first case of China’s accreditation of US courts as an introduction,and takes the connotation of the principle of reciprocity as the starting point to explore the existence and abolition of this principle.Then it analyzes the typical cases abroad and analyzes their reciprocity principle in this field.Review and apply,and classify and summarize,then proceed from China’s national conditions and judicial status,analyze the application of China’s reciprocity principle in this field,refer to the advanced experience outside the domain,and combine the "One Belt and One Road" initiative layout and "Second China" ——The spirit of the Nanning Declaration of the ASEAN Justices Forum(hereinafter referred to as the “Nanning Declaration”)provides constructive comments on how China can better apply the principle of reciprocity in legislation and practice.