Research On The Reciprocity Principle In The Recognition And Enforcement Of Foreign Civil And Commercial Judgments In China

Civil Procedure Law of the People’s Republic of China(2017 Amendment)stipulates that the principle of reciprocity is one of the conditions to recognize and enforce foreign court judgments.How to specifically identify and correctly apply the principle of reciprocity has always been a key issue in Chinese recognition and enforcement of foreign judgments.At present,the principle of reciprocity in the recognition and enforcement of foreign court judgments in our country is not perfect,and it is difficult to meet the growing actual demand.How to improve the recognition and enforcement of the principle of reciprocity in the judgments of foreign courts is not only vital to China’s recognition and enforcement of foreign judgments,but also helps China to establish a good image of a judicial power.This article mainly discusses through case analysis method,document analysis method and comparative analysis method.From the perspective of the current application of the principle of reciprocity in the recognition and enforcement of foreign court judgments in my country,combined with relevant legislation and practice,explore the world’s China’s legal reciprocity,factual reciprocity,and presumptive reciprocity,and other relevant regulations,are based on this and put forward specific suggestions to improve the application of the principle of reciprocity in the recognition and enforcement of foreign court judgments in China.This article is divided into three chapters:The first chapter mainly expounds the status quo and problems of the reciprocity principle in the recognition and enforcement of foreign court judgments in my country.Based on the current legislation and judicial practice of the principle of reciprocity in my country,the author puts forward many issues concerning the application of the principle of reciprocity in the recognition and enforcement of foreign court judgments,such as the lack of legal reciprocity identification standards,applicable regulations,distribution of burden of proof and review the practice standards and foreign law identification mechanism issues.The second chapter mainly analyzes the relevant legislation and specific practices of the reciprocity principle in the recognition and enforcement of foreign court judgments in various countries.Introduce the different models of the reciprocity principle in each country’s domestic legislation,and analyze the legislation and practice in countries and regions that implement comprehensive reciprocity,limit reciprocity,and abandon reciprocity.The third chapter proposes suggestions for improving the principle of reciprocity in the recognition and enforcement of foreign court judgments in our country.In view of the different legislative models and practical content of the principle of reciprocity in various countries in the world,Chinese courts can improve the determination standards in the Civil Procedure Law at the legislative level,clarify the application and scope of the reciprocal relationship;at the same time,it is necessary to clarify the distribution of the burden of proof for the reciprocal relationship.The court of the country where the applicant is located will investigate and be denied by the court of the country where the applicant is located;improve relevant judicial interpretations and gradually try to build a presumptive reciprocity determination system.In judicial practice,Chinese courts should also flexibly apply identification standards based on individual cases,and establish a supporting foreign law verification mechanism and a data system for the recognition and enforcement of foreign court judgments as soon as possible.