Research On Conditions To Recognition And Enforcement Of Foreign Judgments

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 conditions to recognition and enforcement of foreign judgments represent the core of such system. Legislations of countries around the world normally contain regulations about the conditions to recognizing the efficacy of foreign judgments in order to maintain their domestic judicial system and avoid undue consequences brought by recognizing such judgments. Although the Civil Procedure Law of China stipulates such conditions, the regulations are mainly principled rather than specific ones, and some of them are even outdated. They need further improvement. To this end, the author discusses, in the dissertation, conditions to recognition and enforcement of foreign judgments in China and analyses relevant regulations in China, hoping that it may help improve China's system of recognition and enforcement of foreign judgments. The dissertation has four parts:I. Overview of basic theories of recognition and enforcement of foreign judgments. In order to facilitate the discussion of conditions to recognition and enforcement of foreign judgments, the dissertation, from the outset, overviews relevant basic theories. This part defines the concept of recognition and enforcement of foreign judgments, and analyzes the theoretical basis, legal grounds and specific approaches of recognition and enforcement of foreign judgments.II. International observation of rules of conditions to recognition and enforcement of foreign judgments. This part starts with ideas by Chinese scholars on conditions to recognition and enforcement of foreign judgments, followed by analysis in details of specific conditions to recognition and enforcement of foreign judgments which are prevalent around the world. The conditions include: qualified jurisdiction by the court where the judgment is made, justice in the procedural rules, compliance of the judgment with the country's public order, the judgment being a final one, a reciprocal relationship between countries concerned and absence of parallel proceedings scenario.III. Regulations about conditions to recognition and enforcement of foreign judgments in China and their problems. This part analyzes such regulations in China and the specific conditions to recognition and enforcement of foreign judgments. Based on the analysis, it points out the problems of these regulations.IV. Discussions of measures to improve the regulations about conditions to recognition and enforcement of foreign judgments in China. This part analyzes the international development trend of regulations about conditions to recognition and enforcement of foreign judgments and puts forward specific measures to improve these regulations in China based on the international trend and the country's reality.