Research On The System Of Recognition And Enforcement Of Foreign Judgments In China

The recognition and enforcement of foreign judgments is the last but most crucial section in the international civil and commercial procedure. If a foreign judgment fails to obtain the recognition and enforcement of a relevant country, the parties'rights and interests can not be guaranteed. With the development of globalization, the economic cooperation and personal exchanges between countries becoming frequently, more and more foreign-related civil and commercial judgments need to be recognized and enforced in the other country besides the country where the judgment is made. Therefore, it is necessary to discuss the system of recognition and enforcement of foreign judgments comprehensively. To this end, after discussing the content and deficiency of the current system of foreign judgments'recognition and enforcement in China, the article puts forward the suggestions to improve the existing regulations and hopes to establish a more reasonable system of recognition and enforcement of foreign judgments in China. This article has four parts:Partâ… .. Basic theories and legal basis of the recognition and enforcement of foreign judgments in China. In order to facilitate the discussion, this part defines a few important concepts in the first, such as, foreign judgments, recognition, enforcement and the relationship between recognition and enforcement. Then, basing on the regulations in Civil Procedure Law and Bilateral judicial assistance treaties, the article sets forth the legal basis of recognition and enforcement of foreign judgments in China, which include the domestic legislation, the international treaties effective to China and the reciprocal relationships.Partâ…¡. The conditions of recognition and enforcement of foreign judgments in China. The conditions of recognition and enforcement of foreign judgments is the core of this system. Only when providing the conditions clearly in legislation, can we ensure our country's judicial sovereignty away from infringement and avoid inappropriate consequences caused by the uncertainty of law. This part lists the specific conditions of recognition and enforcement of foreign judgments in China comprehensively. The conditions include: qualified jurisdiction by the court where the judgment is made; the judgment is certainty, effective or enforceable; justice in the procedural rules; absence of parallel proceedings scenario; the applicable law is in accordance with the legislation in China; compliance of the judgment with China's public order; and a reciprocal relationship between countries concerned.Partâ…¢.. The procedure of recognition and enforcement of foreign judgments in China. Procedure justice is crucial to substantive justice. Thus, it is necessary to provide the procedure rules of recognition and enforcement of foreign judgments severely. This part probes into the procedure matters of this system, which include the submission and acceptance of the application, the review of the application, the specific procedure of recognition and enforcement and the force of the judgment which has been recognized and permitted to enforce.Partâ…£. The suggestions of improving the existing regulations of recognition and enforcement of foreign judgments in China. Although the Civil Procedure Law of China stipulates this system, the regulations are mainly principled and lack of operability. And a few bilateral judicial assistance treaties stipulate the system more specific while the applicable scope of these treaties is very limited. Therefore, all these regulations need further improvement. On that basis, with reference to international experiences, this part makes the suggestions on how to improve the regulation of recognition and enforcement of foreign judgments in China. In conclusion, the author designs a few reasonable specific rules about this system, hoping to have certain reference significance for improving this legal system.