On The Recognition And Enforcement Of Foreign Court Judgment System In China

The enforcement of judgments is the final step in the proceedings and the execution of the judgments results in the final resolution of the dispute between the parties.The same is true in the field of foreign affairs,but it needs to be recognized by the State of enforcement before it can be implemented.Since the recognition and enforcement of foreign judgments involve different principles and mechanisms of the political,economic and judicial systems among many countries,it has increased the difficulty of recognition and enforcement of domestic judgments.With the building of the economic globalization and the "One Belt and One Road," the increase of contacts between countries and the recognition and enforcement of foreign judgments are issues that all countries must focus on.Therefore,based on the purpose of perfecting the system of recognition and enforcement of foreign-related judgments in our country,this essay leads to this article in the introduction part through the current recognition and enforcement of foreign-related judgments in our country.The text is divided into four parts:The first part is the basic theory of recognition and enforcement of foreign judgments.This part first defines the concept of foreign judgments,recognition and enforcement in order to determine the basic content and scope of the study.After that,it also discusses the theoretical basis for the recognition and enforcement of foreign judgments,including the internationally accepted doctrine and the basis for our country’s recognition and enforcement of foreign court judgments.The bilateral judicial agreements concluded in China are sorted out and summarized in the form of forms.The second part is the specific procedure of our country’s recognition and enforcement system.Among them,the elaboration of the conditions for the examination of the recognition and enforcement of foreign judgments is the key point.In addition to the examination of the conditions,the conditions for filing the request and acceptance,the enforcement procedures and the effectiveness after the recognition are also included.The third part is the existing problems in our system.It mainly includes three aspects: the inadequacy of legislation,the malpractice caused by the application of "substantial reciprocity" and the non-participation in the uniform convention.The shortcoming in legislation is the lack of criteria for judging the competent jurisdiction of the court of the country of trial and some deficiencies in procedural legislation;This paper expounds that the principle of "substantial reciprocity" not only hinders the recognition and enforcement of judgments of other countries in China,but also hinders the recognition and enforcement of Chinese court judgments in other countries.By expounding the benefits of China’s accession to the New York convention to China’s recognition and enforcement of the foreign arbitration system,the author puts forward the deficiency of recognition and enforcement of foreign court judgments in acceding to the uniform convention.The fourth part is to propose solutions to the problems in the third part.These include the improvement of legislation,the change of the concept of "reciprocity" and the inclusion of the "Convention on the Choice of Court Agreements",of which the "Convention on the Choice of Court Agreements" is the focus.The relevant systems in the convention,such as the basic principle,the scope of application,the jurisdiction of the agreement and the system of the declaration,as well as the significance of our country’s accession to the convention are elaborated.It hopes to play a role in perfecting the system of recognition and enforcement of foreign-related judgments in our country.