The Research On Recognition And Enforcement Of Foreign Judgment For Chinese System

The difference between the foreign countries judgment recognition andenforcement system is not conducive to the protection of the interests of litigants inthe current context of economic globalization, the impact of global economicintegration process. China’s Civil Procedure Law exists to recognize and enforce therelevant provisions of the Foreign Judgments, but China is still not established toimprove the recognition and enforcement of foreign judgments in the legal system inthe legislation and practice, there are obvious problems, leading to China and othercountries. between mutual recognition and enforcement of court judgments is verydifficult. It is very necessary to perfect the system of these question, of upholdingstate sovereignty, to ensure that the judicial unified under the premise of mutualrecognition and enforcement of court judgments, and promote exchanges andcooperation of the international civil and commercial matters. Between countries inthe Civil and Commercial Judgments Recognition and Enforcement of cooperationshould be self-adjusting and led him to the country to adjust the two aspects toachieve the best state, but two aspects are mutually reinforcing, and the law ofglobalization coincides.The international debate around the principle of reciprocity applies to punitivedamages judgment recognition and enforcement. This point of view, as far as possibleto promote the interests of the international civil and commercial exchanges andcooperation to maximize the protection of the clients. For this purpose and to perfectthe system of China.This article Comment on the international recognition and implementation of thetheory and practice of foreign court judgments, compared to China’s legal system toabsorb reasonable, provide useful lessons for China-related issues; study ofinternational trends, Perfecting the Recognition and Enforcement of ForeignJudgments related systems to promote the theoretical research in China in line with international trends, in the self-adjustment and led him to the country to adjust both toachieve the best state and promote each other; based on the parties interests in civiland commercial matters, saving litigation costs, simplify proceedings, reduce andeliminate the difference in the field of the discrepancy with the mean shape of thepolitical system to resolve civil and commercial disputes, so that the interests of theparties to a stable and practical protection in China insist on sovereignty, does notviolate the basic principles and public order under the premise, as far as possiblemutual recognition and enforcement of court judgments, and promote exchanges andcooperation of the international civil and commercial matters.The first part of this paper is the international recognition and enforcement of theforeign court judgment on the issue of theory and practice, including debt theory, thetheory of the case of Mo Gede, Canada and the United States, punitive damagesjudgment problem, and disposed of on the principle of reciprocity,its rationality andirrationality to analyze, absorb its rational aspects, and provide useful lessons for thesystem to promote the theoretical research in China in line with international trends.The second part of the Recognition and Enforcement of foreign court judgmenton the issue of theory and practice, including that China has concluded or acceded tothe Treaty, the Recognition and Enforcement of Foreign Judgments in thecomposition and procedures, the system status quo of the Recognition andEnforcement of Foreign Judgments system and reflect on their inadequacies.The third part is to make recommendations for the Recognition and Enforcement ofForeign Judgments in the inadequacies of the system, such as expand theunderstanding and application procedures simplified to some extent, the principle ofreciprocity, self-adjustment and cause other countries to adjust to achieve the mostgood state and promote each other, our country insist on sovereignty, does not violatethe basic principles and public order under the premise of mutual recognition andenforcement of court judgments, and promote exchanges and cooperation of theinternational civil and commercial matters.The last section is a summary of this article.