Commentary On Cai Chuan’s Application For Recognition Of US Divorce Judgement

Under the background of the close movement of people around the world,civil and commercial exchanges between countries often extend further,and transitional marriage has become a common mode of marriage conclusion.The recognition and enforcement of foreign divorce judgments is the final stage of resolving foreign-related divorce disputes through litigation.However,for transnational marriages,the recognition and enforcement of foreign divorce judgments in other countries is more cumbersome and the trial results are more varied than the domestic divorce judgments.This involves the recognition and enforcement of international civil and commercial judgment Different principles and mechanisms.This article starts with a case and takes the "Provisions on the Application of Chinese Citizens for the Recognition of Divorce Judgment Procedures in Foreign Courts" issued by the Supreme Court in 1991 as a starting point.Compared with the legislation and judicial practice of other countries,research and analysis the indirect jurisdiction review standards and the reasonable application of the principle of reciprocity in the trial of foreign divorce judgments.The article is mainly divided into four parts:The first part is a review of the case.It mainly introduces the basic situation of the case and the ruling results of our courts,and further refines the legal issues reflected in the case.This case mainly involves two aspects: one is the determination of the basis of the court when reviewing the jurisdiction of the original court when the foreign divorce judgment is being tried;the other is the reasonable application of the principle of reciprocity in the field of recognition and enforcement of foreign divorce judgments.The second part is a detailed discussion of the judge’s negligence in reviewing the jurisdiction of the trial court in this case.It first introduces the comparison between indirect jurisdiction and direct jurisdiction,as well as the comparison of four common review basis.Finally,it puts forward the existing problems in the review of the jurisdiction of the court of first instance based on the facts of the case.The third part is the analysis of the reasonable application of the principle of reciprocity in the field of recognition and enforcement of foreign divorce judgments.Judging from legislation and judicial practice,China currently implements the principle of incomplete reciprocity,that is,the recognition of foreign divorce judgments does not require the existence of reciprocity relationships,but this exception is limited to the content of the status relationship in foreign divorce judgments.The fourth part is the enlightenment of this case to China’s recognition and enforcement of foreign divorce judgment system.By analyzing the legislation,judicial status and shortcomings of the issues involved in this case,relevant suggestions are made,including:establishing the standard of indirect jurisdiction at the legislative level and the reasonable application of the principle of reciprocity in the recognition and enforcement of foreign divorce judgments.