Research On The Principle Of Reciprocity In The Recognition And Enforcement Of Foreign Court Judgments In China Under The "Belt And Road" Initiative

With the proposal of the "Belt and Road" initiative,China’s international civil and commercial exchanges with other countries have become closer and closer,and the recognition and enforcement of foreign court judgments has become more and more important.Due to the lack of judicial assistance treaties and relevant international conventions between China and countries along the "Belt and Road",the principle of reciprocity plays a key role as an important basis for China’s recognition and enforcement of foreign judgments.However,in the past period,my country has maintained a traditional cautious attitude towards the principle of reciprocity.Although it is not stipulated in the legislation,in judicial practice,it can be determined that China applies the negative principle of factual reciprocity.Based on past practice,the principle of reciprocity has legal shortcomings in China,such as unclear identification and unclear burden of proof,which directly leads to the difficulty of establishing truly reciprocal relations with other countries,which is not conducive to carrying out friendly judicial assistance between countries.In recent years,the Supreme People’s Court has issued Several Opinions on the People’s Courts Providing Judicial Services and Safeguards for the "Belt and Road" Construction and the "Opinions on the People’s Courts Further Providing Judicial Services and Safeguards for the " Belt and Road " Construction",indicating that the principle of reciprocity in fact needs to be changed urgently,so building a reasonable and perfect reciprocal principle system to adapt to the development of civil and commercial affairs under the "Belt and Road" has become a focus that needs attention.By clarifying the basis for the application of China’s current principle of reciprocity in "Belt and Road" countries,this paper analyzes the judicial practice of the principle of reciprocity in important countries along the "Belt and Road",and analyzes the actual situation of the application of the principle of reciprocity under the "Belt and Road" initiative in China from both theoretical and practical perspectives.Finally,it analyzes the existing problems of China’s reciprocal principle under the "Belt and Road" initiative,and establishes a sound and specific application system for the principle of reciprocity based on China’s national conditions.