Research On The System Of Recognition And Enforcement Of Civil And Commercial Judgments Between China And Three African Countries

The system of recognition and enforcement of foreign judgments is an important part of private international law concerning civil and commercial lawsuits involving foreign parties, and the need for recognition and enforcement of each other's civil and commercial judgments comes along with the development of the Sino-Africa's trades and investments. If we cannot settle the problem of inter--state recognition and enforcement of judgments appropriately, the traders are surely face tremendous risks, which will lead to the results that, either blocking the development of trades, or distorting the trade market. At the same time, many countries tend to make provisions for the recognition and enforcement of foreign judgments in their civil procedural law in practice, since they regard civil and commercial judgments as their domestic civil procedural law issues, so are the pure domestic issues, China and African countries are of no exception. Although the two parties have made great efforts in harmonizing inter-state recognition and enforcement of foreign judgments, it seems that the situation still cannot satisfy the need of practice. It can be said like that, the importance, complexity, as well as the new development of recognition and enforcement of Sino-Africa's civil and commercial judgments are just the purpose of writing this paper.The formation of the problem is due to various factors, so it is a project of many dimensions and of systematization to resolve the problem, we must find the pertinent ways and put into them with pool efforts. Accordingly, through the mixture of theories and practices, the author gives some analyses on the problem and some suggestions on how to tackle it. This paper is made up of the introduction and other three parts. The introduction gives a brief presentation of the significance of the recognition and enforcement of international civil and commercial judgments, the urgency of resolving the problems, the purpose of writing this paper, as well as the structure of this paper. The other three major parts adopted the progressive method, and are set off from the practical situation of civil and commercial judgments of foreign courts in the bilateral treaties between China and three African countries. Then, on the ground of exploring a lot of general problems, I have suggested some ideas to help us be out of the woods. In light of the facts that, we lack applicable laws, the rules are inconsistent with practical situation, to improve the system of recognition and enforcement, it will be of great significance to enhance the cooperation between China and African countries, to perfect our laws and the rules of recognition and enforcement, to simplify the procedures of judicial assistance as well.The law related to the recognition and enforcement of foreign civil and commercial judgments has been legislated and modified continuously, but problems in it appear endlessly, and the researchers' view differs a lot. It is a pity that it is still a blank in researching the systems of judicial assistance between China and African countries. It is hoped that in order to improve the systems of recognition and enforcement concerning Sino-Africa's civil and commercial judgments, to guarantee the smooth progress of the implementation of international civil procedure, to protect the legitimate rights and interests of clients, to realize the idea of people-oriented, this topic can trigger much more and comprehensive legal thinking about this problem.