The Principle Of Reciprocity In The Recognition And Enforcement Of Foreign Judgments

The recognition and enforcement of a judgment made by a foreign court involves the value conflict and choice between defending national sovereignty and protecting private interests.After the case Hilton v.Guyot,most countries begin to use the principle of reciprocity as an important basis for the recognition and enforcement of a foreign judgment,and use the principle's internal functions of reciprocal retaliation and encouragement to encourage foreign court to recognize the validity of the judgment of the home court.After the case,the problems gradually exposed.Whether or not to retain the principle of reciprocity in recognition and enforcement of foreign judgments is widely discussed,but to retain the principle of the reciprocity is still the main trend.However,the practice doesn't follow the rule.In the case of repeated competition in the international community,the state presupposes the primacy of national interests,neglecting private interests,and the principle of reciprocity becomes a legitimate retaliation tool that rejects the validity of foreign court judgments,which is obviously inconsistent with the inherent function of the principle of reciprocity and hinders the free flow of foreign judgments between countries.Therefore,firstly,change the attitude when applying the principle of reciprocity,and learn the active and open judicial mentality of the judge of Germany court.Establish the correct concept of international comity and promote international cooperation in the field of recognition and enforcement of foreign judgments by the convenience and courtesy of the comity.Secondly,take the balancing of the interests to return the principle of reciprocity to the right path,considering the private interests more,and promote the principle of reciprocity as a useful tool for promoting recognition and enforcement of foreign judgments.