Comparative Research On Recognition And Enforcement Systems Of Foreign-Country Judgments In China And The United States

In the context of glob economy,the international business and civil affairs between the countries have been increasing.As a result,the international disputes have also increased.The recognition and enforcement systems of foreign-country judgments occupy a very important place in the field of international private law.The systems paly an essential role in settling dispute,protecting the parties’ legitimate interests,promoting the civil and commercial intercourse between the countries,and reducing the judicial resources.In2011, the United States firstly recognized and enforced one Chinese judgment,which saved enormous economic loss for the Chinese party.The thesis takes the first case as a view,through exploring the differences between China and the United States on recognition and enforcement systems of foreign-country judgments,in order to guide the future judicial practices between the two countries,to improve the relative theoretical research in China,and to give a suggestion on refining Chinese legislation.The thesis is divided to three parts:Introduction,text,and Conclusion.The text consists of three chapters. Chapter1focuses on the general maters of recognition and enforcement systems of foreign-country judgments.It consists of the development of theory,the fundamental concepts of recognition and enforcement systems on foreign-country judgments,and the development history of relative systems in China and the United States.Chapter2takes the first case of recognizing and enforcing Chinese Judgment in American history as a view,explains the methods of examination,the types of foreign-country judgments,the application method,the standards of examination and rejective situation in China and the United States.Chapter3provides some advices to improve the recognition and enforcement systems of foreign judgments in China,through analyzing the Chinese present legislation systems and judicial practice, draw lessons from the American useful methods.