On The Procedural Justice In The Examination And Approval Of Foreign Civil And Commercial Judgments

Recognition and enforcement of foreign judgments is the final and critical stage of the international civil procedure. In this stage, review the procedural fairness of judgment made by the foreign court, which has become the consensus of most countries. But in our country, there is no specific provisions about the judicial review of procedural fairness in this stage. Therefore, the research on the review of procedural fairness is very important.This paper consists of three parts: introduction, main body and conclusion. The first chapter is the overview of the background and significance of the topic, methods and ideas of the research.In the second chapter, according to introduce three typical cases about recognition and enforcement of foreign judgments made by Chinese courts, summarize the legal issues on the review of the procedural fairness. Through analyzing the corresponding problems, the specific content of the procedural fairness review should be included in the service of documents, fraud, equality of the parties, referee neutral. Finally, combined with the development of the concept of procedural fairness, put forward the significance of procedural fairness review on different levels.The third chapter is devoted to the theoretical basis of procedural fairness. Procedural fairness has its intrinsic value, external value and independent value. It is the value of procedural fairness, which gives the necessity of establishing the system of reviewing procedural fairness. At the same time, the theoretical basis of reviewing procedural fairness consist of natural fairness, due process and the human rights theory.In the fourth chapter, the author investigate the legal system about reviewing procedural fairness in the foreign laws and international treaties on the recognition and enforcement of foreign court judgments. There are differences in the requirements of procedural fairness in different countries, so those countries sign treaties and strengthen international cooperation to solve these problems. Therefore, the system of reviewing procedural fairness has been widely paid attention by many countries, our country should improve this system immediately as well.In the fifth chapter, by analyzing the reviewing procedural fairness in the field of recognition and enforcement of foreign judgments in our country,the author puts forward some problems and suggestions to improve the system of reviewing procedural fairness.