The Recognition And Enforcement Of Foreign Judgments

International Civil Litigation in Foreign Judgments Recognition and Enforcement of the important processes is the ultimate goal of the international civil. This paper aims to promote the improvement of Recognition and Enforcement of Foreign Judgments in the system, analysis of China's existing recognition and enforcement of foreign court judgments the system content and lack of legislation and judicial practice perfecting the feasibility of the observations and recommendations made.The first part is the Recognition and Enforcement of Foreign Judgments in the theoretical foundation and source of law. As a fundamental part of this study, in this chapter focuses on the "Recognition and Enforcement of Foreign Judgments" of the various concepts involved in the issue of"foreign","foreign court","Judgement"and"recognition and enforcement"and other The basic concept of a resolution, based on the theory and different theories were investigated on the Recognition and Enforcement of Foreign Judgments were sort of legal origin.The second part is the Recognition and Enforcement of Foreign Judgments in the conditions and procedures. Recognition and enforcement of foreign court judgments to some extent, issues related to national sovereignty, and only clearly defined in legislation to recognize and enforce the conditions in order to ensure the country's judicial sovereignty will not be easily violated, to avoid the uncertainty of the law brought To inappropriate consequences. The relevant part of the analysis by national statutes, case law and relevant international treaties fixed on the Recognition and Enforcement of Foreign Judgments in the specific conditions, including: 1, the trial court in the State where the State has jurisdiction eligible to recognize and Enforcement of Foreign Judgments prerequisite; 2, the States generally through legislation in terms of procedural justice in their requests for recognition and enforcement of foreign court judgments constraints; 3, the use of fraudulently obtained, including the country of foreign court decisions can not be recognized and implemented; 4, the foreign court decisions on the recognition and enforcement of core national interests, not with relations and social stability of the contents of the conflict; 5, the rights of foreign court decisions must be clear and legally effective in accordance with national law, with certainty and finality; 6 , there is reciprocity between the two sides, one country to another state laws and institutions recognition and enforcement of judgments, then the courts of another State should recognize and enforce the court's decision; 7, national laws and relevant international conventions to suit competition does not exist United circumstances as Foreign JudgmentsRecognition and Enforcement of important conditions, mainly in response to a multinational civil and commercial cases, no cause of action by the parties based on the same or similar proceedings for the purposes of two or more courts in the case; 8 Some countries and some regional international treaty within the foreign court applied the law applicable to the country as a conflict of laws point to the Recognition and Enforcement of Foreign Judgments conditions. Meanwhile, on the Recognition and Enforcement of Foreign Judgments in the procedures and methods, on the civil law countries and common law countries, rules and practices are compared.The third part is on the Recognition and Enforcement of Foreign Judgments in the Legislation and Practice. Recognition and Enforcement of Foreign Judgments in the legal system, procedural requirements, this part of our specification Recognition and Enforcement of Foreign Judgments institutional system problems are outlined, including the law, China's foreign bilateral treaties, international treaties and Judicial interpretation, etc., described the Recognition and Enforcement of Foreign Judgments in the conditions of the substantive provisions of the imperfect factors.The fourth part of the relevant provisions of China were examined, the relevant provisions of China raised its shortcomings, to make recommendations on improving the issues and ideas. Legislation and judicial practice in China on the Recognition and Enforcement of Foreign Judgments jurisdiction prerequisite condition of reciprocity rules, procedures, conditions of fairness, final review of the conditions, provisions and conditions of public order without conditions, and other Proceedings are some defects, Inadequate supply system of judicial practice also brings some difficulties, this section on international development trends and Foreign Judgments Recognition and Enforcement of the provisions of the internal start, in order to promote international cooperation and exchange for the value orientation, the relevant system proposed Supplement with proposed changes to adapt to China's international civil and commercial litigation and complex trial, the growing practice needs.