Research On Reciprocity In Recognition And Enforcement Of Foreign Civil And Commercial Judgments In Our Country

The principle of reciprocity was an important content in public international law,and then this principle was gradually cited in the field of recognition and enforcement by foreign courts in private international law.The applicable regulations on reciprocity vary from country to country.Some countries have always disputed the abolition of the principle of reciprocity,and some countries have different discussions on the application of the principle of reciprocity.Therefore,it is difficult for all countries to reach consensus.Most of our country’s judgments on the recognition and enforcement of foreign judgments are based on the principle of reciprocity.Since the Gomi Akira case,our country has always followed strict factual reciprocity.However,with the increase of regional and international cooperation,the civil and commercial trade have become more and more frequent.Therefore,the application of the principle of reciprocity has gradually developed towards a softer application.In 2017,the China-ASEAN Justice Forum adopted the "Nanning Statement" on improving the resolution of cross-border disputes.This statement made clear provisions on the determination of the principle of reciprocity,indicating that China and ASEAN countries have reached a presumption of reciprocity.Consensus,this is one of the specific practices to soften the strict reciprocity identification standards.In the same year,the Supreme People’s Court also proposed specific plans for the application of the principle of reciprocity in the "Regulations on Several Issues Concerning the Recognition and Enforcement of Civil and Commercial Judgments of Foreign Courts(Draft for Comment)." One of them is to recommend the implementation of legal reciprocity or conditional presumption of reciprocity.The above behaviors all show that our country is open to relaxing the applicable standards of the principle of reciprocity.This article will analyze factual reciprocity and presumptive reciprocity to show that our country should shift from factual reciprocity to presumptive reciprocity,and make suggestions on the application of presumptive reciprocity.The article can be divided into the following parts:The first part introduces the basic concept and application of the principle of reciprocity.According to different classification methods,the principle of reciprocity can be divided into factual reciprocity,presumptive reciprocity,legal reciprocity,actual reciprocity,etc.Countries in the world have different attitudes towards reciprocity.This part mainly explains this.The second part will analyze the factual reciprocity.Explain the problems and causes of the problems arising from the application of factual reciprocity in our country,and analyze the factual reciprocity based on the actual situation of practice.The third part is mainly the analysis and explanation of the presumed reciprocity.Analyze the problems that our country will face in the future when applying presumed reciprocity and the reasons for these problems.From this perspective,it shows that our country should transform to the presumption of reciprocity,and inherits the viewpoint of applying presumed reciprocity in Part IV.The fourth part elaborates on the development of softened presumed reciprocity,analyzes our country’s current views on the application of the principle of reciprocity,expounds the actual need to shift from factual reciprocity to presumed reciprocity,and shows that the application of the softened reciprocity principle in our country should be the transformation from factual reciprocity to presumptive reciprocity,and is aimed at The problems faced by the application of the presumption of reciprocity analyzed in the third part put forward feasibility suggestions,play the boosting role of the treaty and support the application to promote the circulation of the recognition.