Recognition And Enforcement Of Foreign Court Judgments System In China

With the development of globalization, recognition and enforcement of foreign judgments has been internationally accepted. Treaty and reciprocity, as two legal bases for recognition and enforcement of foreign judgments, are provided in Chinese Civil Procedure Law and the relevant judicial interpretations. Requirements for recognition and enforcement are that the foreign court must have a proper jurisdiction and competency, the foreign judgment must be a final judgment on the merit, adequate defense should have been provided to the loser and the public policy exception shall not be offended. However, the legal bases and requirements for recognition and enforcement in China are not properly according with current international practices, which call on China to join more treaties and conventions governing recognition, and adjust its relevant practices. After returning of Hong Kong and Macao, efforts are also called on for constructing and improving recognition and enforcement of judgment by courts between mainland and Hong Kong or Macao, which was virgin soil in China.