A Study On The Recognition And Enforcement Of Civil And Commercial Judgments In Foreign Courts In China

In international civil litigation cases,the recognition and enforcement of judgments is a key part of whether the case judgment is truly realized and has practical significance.There are very few foreign court decisions that can be recognized and enforced in other countries because of the different cultural backgrounds,legal systems and significant traditional values between countries,as well as the existence of national sovereign interests between countries.With the integration and development of the global economy,countries' economies are interdependent and increasingly cooperative,and more and more cases with foreign factors are generated and need to be recognized and enforced in countries other than the countries where the judgments are made.China's foreign court ruling recognition and enforcement system has not yet been established,the author from our current legislation on the status quo of our country's foreign court judgment recognition and implementation of the system(not involved in Hong Kong,Macao and Taiwan regions)analysis,followed by comparative analysis of China and 37 countries of the bilateral judicial assistance treaty,and to collect the case of judicial practice analysis.To find out the shortcomings in our country's legislation and judicial practice,on this basis,try to make suggestions on the recognition and enforcement system of our country's foreign court judgment.This paper is divided into four parts:The first part is an overview of the issues relating to the recognition and enforcement of foreign courts.In this chapter,the author first defines the concept of "foreign","court","judgment" and "recognition and enforcement",and studies the relevant theoretical basis and doctrine as the bedding of the follow-up article and theoretical basis.Subsequently,the author analyzes the two parts of the system of recognition and enforcement of foreign judgments,review the conditions and review procedures,on the basis of national laws and international treaties.The conditions of the review include: 1.The competent jurisdiction of a foreign court is a prerequisite for the recognition and enforcement of the judgment;2.The judgment of the application for recognition and enforcement must be an established judgment;3.The judgment is made by a procedural fair trial.4.The existence of a reciprocal relationship between the two countries;5.There is no case of litigation and coefficients;6.The foreign judgment applied for recognition shall not violate the public order of the State;7.There is no fraud in the original judgment proceedings.Procedures for recognition and enforcement of foreign judgments include: filing,reviewing and modalities of recognition and enforcement of foreign judgments.The second part analyzes the current situation of our legislation and treaty.In this chapter,the author analyzes the foreign recognition and enforcement of the legislative systemin our country,including the 2012 new civil procedural law and the 2015 Civil Procedure Law judicial interpretation and other judicial interpretation and reply of the Supreme People 's Court to Specific Cases,thirty-seven bilateral judicial assistance treaties signed between China and other countries(except Belgium,Singapore,South Korea,Thailand,which does not involve the recognition and enforcement of foreign judgments),points out that the deficiencies.The third part is the case study of the specific judicial practice in our country,in the real case collected by the author(mostly from the Chinese referee document network).First of all,the largest number of foreign court divorce judgments were analyzed,then analysis of the problems involved in the judicial practice,the determinism of the judgments in terms of the conditions of reciprocity as a prerequisite for the recognition and enforcement of foreign judgments in China.Problems arising from application procedures are limited in material preparation and application time.The fourth part is the proposal of perfecting the recognition and enforcement system of foreign judgment in our country.The author puts forward some suggestions from three aspects: review condition,procedure and international coordination.In terms of conditions: 1.Suggest that our country in the legislation provides qualified jurisdiction to make up the legal blank;2.Define the definition of the final judgment and determine the criteria;3.Do not absolute reciprocity for the recognition and enforcement of foreign judgments of the premise;4.Improve the procedural fairness clause and the addition of fraud exception clause;5.On the improvement of litigation competition;6.The use of public order retention clause.In the program: 1.Specific provisions to be submitted to the proof of material;2.The scope of the application and the scope of the examination to be provided.In the area of international coordination,the author proposes that China actively establish bilateral judicial assistance provisions in consultation with other countries;establish regional judicial assistance;pay close attention to the latest developments in international conventions and private international law conferences.