Research And Study On The Principle Of Reciprocity In Chinese Recognition And Enforcement Of Foreign Court Judgments

Under the general trend of the "One Belt,One Road" initiative,conflicts arising from exchanges between countries are inevitable.In order to optimise the diversified dispute resolution mechanism of international conflicts,safeguard the legitimate rights and interests of Chinese and foreign private entities,actively explore the direction of improving the principle of reciprocity in the field of recognition and enforcement of foreign judgments,reduce the frequency of redundant parallel litigation,and help further upgrade international judicial cooperation under the framework of the "One Belt,One Road" initiative,so that the breadth,depth and strength of judicial assistance can be comprehensively enhanced.This is also an inevitable requirement to promote the construction of a win-win international cooperation and opening system.Based on the history of the doctrine of reciprocity,this article analyses the current situation of the doctrine of reciprocity in China in relation to the recognition and enforcement of foreign court judgments,explores its shortcomings and problems,and devises ways to improve it in various areas.The principle of reciprocity plays an important role in the recognition and enforcement of judgments in China,and in its current state,the dominant mode of application in China’s judicial practice is de facto reciprocity,which requires the historical precedent of first granting of benefits by other countries.However,as the Belt and Road Initiative continues to be implemented,the positive external environment and the internal case law have led to a gradual relaxation of reciprocity,and the presumption of reciprocity has been introduced and confirmed in the Belt and Road rule of law.This is a new trend in the application of the principle of reciprocity in China.In the judicial practice of recognition and enforcement of judgments,the principle of reciprocity has inevitably created "cavities" in its application.In order to promote the healthy development of mechanisms for the recognition and enforcement of foreign judgments and the deepening of international judicial exchanges and cooperation,the existing problems with the principle of reciprocity should be improved and optimized.In order to promote the development of the mechanism for the recognition and enforcement of foreign judgments and the deepening of international judicial exchanges and cooperation,the existing problems with the principle of reciprocity should be improved and optimised.This will facilitate the flow of cross-border judgments.In addition,we should strengthen the practice of presumed reciprocity by providing clear guidance through judicial interpretation and by establishing typical cases to improve the application of the principle of reciprocity by making use of the flexibility and tolerance of presumed reciprocity.With regard to the lack of clarity as to who bears the burden of proving reciprocity,as the proof of reciprocity is crucial to the judicial practice of recognition and enforcement of judgments,the ambiguity of the burden of proof of reciprocity is not conducive to the efficiency of the recognition and enforcement of foreign judgments in judicial practice,which in turn has a negative impact on the recognition and circulation of judgments and is not conducive to the early realisation of the legitimate rights and interests of the parties to the dispute.Therefore,to address the problem of unclear burden of proof,the burden of proof of reciprocity should be reasonably allocated.Based on the natural strengths and advantages of the courts,the courts should primarily bear the burden of proving reciprocity ex officio,while at the same time encouraging the parties to actively provide evidence of reciprocity in order to enhance the autonomy of international judicial conflict resolution mechanisms.In addition,the scope of the exceptions to the principle of reciprocity cannot be adapted to the actual needs of the judiciary,and the scope of the exceptions should be widened to an appropriate extent,and the inner and outer circles of the principle of reciprocity should be reasonably defined.The development and deepening of mutual recognition and enforcement of judgments and cross-border judicial cooperation.As a key element of international judicial cooperation and exchange in the context of globalization,the practical application of the principle of reciprocity in the recognition and enforcement of foreign judgments should give full play to the positive functions and roles of risk resolution,maintenance of stability and deepening cooperation,provide stronger support and more powerful protection for judicial practice through the improvement and optimization of the application of the principle of reciprocity,form a positive interaction between domestic rules and international rules,and provide a positive impetus for the further upgrading of international judicial cooperation.It will also provide inexhaustible momentum for the further upgrading of international judicial cooperation,seek win-win results through better quality and more secure judicial cooperation,demonstrate China’s proper role as a responsible power in judicial cooperation,and further enhance China’s judicial credibility and international influence.In the context of China’s "One Belt,One Road" initiative to expand and upgrade the level of opening up to the outside world,optimising and improving the principle of reciprocity in response to existing problems is an inevitable step and a natural direction for China to promote the rule of law in global governance under the guidance of an inclusive competition strategy.