| The principle of reciprocity,as a basic principle in foreign-related judicial assistance,has been tested in practice for many years and its shortcomings have been revealed.The recognition and enforcement of judgments is one of the three pillars of foreign-related civil litigation procedures.It is the guarantee for the final settlement of disputes between the parties.The recognition and enforcement of foreign court judgments is not an international obligation.The judicial sovereignty of foreign courts has an impact,especially when the two countries have never had an international treaty related to the recognition and enforcement of foreign court judgments.It is often expressed as a tendency to show good to the other party and expect the other party to be treated equally in similar situations.However,in practice,due to the limited number of civil and commercial judicial assistance treaties that my country has concluded with foreign countries,and the excessively strict criteria for review of reciprocal relations(ie reciprocity in fact),from 1994,"Japanese citizen Gomi Akira applied to the Chinese court for recognition and enforcement From the beginning of the “Japanese Judgment Case”(hereinafter referred to as the “Gomi Akira” case),a large number of Chinese courts refused to recognize and enforce foreign country’s court judgments on the grounds that“there is no reciprocal relationship”,which resulted in damage to the rights of the parties and resulted in a single standard of determination.And lack of initiative,and were retaliated by foreign countries.In addition,although there are judgments recognized and enforced in our country,they are all based on reciprocity of facts,which makes it difficult for the principle of reciprocity to play its due role,and even deviates from its purpose of promoting mutual recognition and enforcement of court judgments.With the changes in the international environment,my country has begun to change its attitude towards the application of the principle of reciprocity.In 2015,it issued " Several Opinions on the People’s Courts Providing Judicial Services and Guarantees for the Construction of the "Belt and Road" ",and the " Second China-The Nanning Statement of the ASEAN Forum of Justices all express a principled statement that actively promotes a mutually beneficial relationship.Not only that,in June of the same year,the Supreme People’s Court“Regulations on Several Issues Concerning the Recognition and Enforcement of Civil and Commercial Judgments of Foreign Courts”(Draft for Comment)(6th Draft in June2017)also adopted a reciprocal attitude in Article 17 Change.And actively discussing to join the 2019 Convention on the Recognition and Enforcement of Foreign Court Judgments,it further shows that attitude changes must be carried out on a larger scale than the “Belt and Road” initiative.However,as far as Chinese law is concerned,only Article 288 of the "Civil Procedure Law" provides for it,but this provision cannot correctly express my country’s current attitude to this principle.Therefore,this article is based on existing research.Re-study the principle of reciprocity in the recognition and enforcement of foreign court judgments,that is,from domestic legislation,to practice,and then to the international community to reexamine,and put forward the author’s own suggestions for improving this principle in our country. |
