On Extraterritorial The Court Recognized Jurisdiction To Review, And Implementation

In the private international law, It is a complex and sensitive topic to recognize and enforce foreign judgments. On the one hand, each legal district does not have the duty to recognize and enforce foreign judgments, however, with the stronger international cooperation, it is impossible to refuse recognize and enforce foreign judgments. On the other hand, It would be harmful to unconditionally recognize and enforce foreign judgments. Thus, each legal district established a series of conditions about recognition and enforcement of foreign judgments, based on the factors of politics and economy Among these, examing the international jurisdiction is the first condition. Because, the jurisdiction question is all decisions preconditions, it directly relates the litigant right obtaining, and relates the national sovereignty in the certain degree exercising. Therefore, they are closely linking between the question of jurisdictional examination and the rule of recognition and enforcement of foreign judgments.This essay is made of four parts, by analyzing on the jurisdictional examination' reason, the standard and the application of law, combining our country present legislation ,the author proposed own tentative plan with the suggestion.In the first part, the author summarize the reasons of jurisdictional examination during the recognition and enforcement of foreign judgments. There are various reasons. Among them, They are most important that national sovereignty principle and the changing of international economy relations. The difference of legal system is also the reason.In the second part, the author introduced the standards of jurisdictional examination in the common law system and the continental law system. provides. About the standards of jurisdiction examination, it is significantly different between them. The common law...