On The Recognition And Enforcement Of Foreign Court Of Judgments In Civil And Commercial Matters,

The system of recognition and enforcement of civil and commercial judgements came into existence with the development of the international private law and further developed through the struggle for the interests by different countries. Although the system has different theoretical and legal basis, it is primarily built on mutual benefitsJurisdiction and finality are two preconditions and basis. The fact that foreign courts have jurisdiction and finality power won't necessarily enable the judgement to be recognized and enforced. Natural justice and fraud exceptions are reasons for rejections. If such reasons are not available, public policy reservation could be used for the same purpose. Countries have set up a number of impediments in specific procedures to protect their own interests. Foreign judgements that could pass the review and are finally enforced or registered ar of a very small number.For the above reason, the international community has been trying to make a unified regulation, and its representative products are Brussels Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and the Convention on Choice of Court Agreement. However, the fact that the latter is so difficult to complete thoroughly exposes the conflicts between different countries. Free flow of judgement is only a prospect. Mainland China is far behind in theory and practice in comparison to that of Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan Region. We should learn from each other so as to speed up our preparation for joining the Convention and our revision of the civil procedure law, improvement of relevant procedure system as well as promotion of judicial assistance between regional courts. In terms of mainland China and Hong Kong Special Administrative Region, the exposed conflicts and contradictions are more numerous than if they were between China and foreign countries. Although consensus arrangement was reached, the scope it could cover is so small that it could not play many roles. On contrary, the arrangement between mainland China and Macau Special Administrative Region is agreat model. It is necessary for mainland China and Taiwan Region to further solve the issue of reciprocal recognition and enforcement of judgements in order that citizens on both side of the Straits could benefit.