The Possibility Of Abolishing The Reciprocity Principle In The Recognition And Enforcement Of Foreign Judgments In China

As an important legal regime for recognition and enforcement of foreign judgments,the principle of reciprocity which has a long history is facing the increasing challenges.In fact,the principle of reciprocity has probably become an obstacle to the recognition and enforcement of foreign judgments in China,and most courts made use of it to improperly deny the recognition and enforcement of foreign judgments.Meanwhile,both the defects of the principle,and the importance of protecting the legal rights of parties which has been realized by more and more countries contribute to the trend of abolishing of this principle.Indeed an increasing number of jurisdictions have abandoned reciprocity.Further,even in jurisdictions that have retained the reciprocity,legislatures and courts have significantly limited its application.So is it the time for China to abandon reciprocity?What should we do after the abandonment?In order to solve the problems described above,this article will analyze the reciprocity principle in theory and practice with the method of comparison and case analysis.Besides,by taking the national conditions of our country and the status quo of the judiciary as the premise into consideration,this article make a comparison between China and other countries,and take the strategy of B&R(shorted for "The Belt and Road")and "Naning Statement" for reference.Furthermore,this article will give constiructive suggestions if the principle were abandoned,in order to do benefit for improvement of judiciary in China.This article consists of four chapters except for the introduction section:Chapter One will analyze the current situation and dilemma of the application of the principle of reciprocity in China based on the case study.This Chapter tries to draw a conclusion that abolishing the principle of reciprocity and promoting the drafting of relevant treaties are the key solutions to the problems China encounters in foreign judgments recognition and enforcement.Chapter Two will introduce the legislative foundation of reciprocity and analyze the implications of recent developments relating to reciprocity in the worldwide.Chapter Three will discuss the possibility of abolishing the principle of reciprocity in China.The increase of international civil and commercial activities and strengthening of economic integration require the quick and free circulation of judgments rendered in different jurisdictions.This chapter will analyze the possibility of abolishing the principle of reciprocity in China by introducing the new legislative background and the significance of abolishing the principle of reciprocity.Chapter Four will concentrate on the improvement of the existing regulation on the recognition and enforcement of foreign judgments in China,and put forward several suggestions.We should refine the standard and perfect rules.And the administrative departments should take the first step to abandon the reciprocity in the judicial practice.In addition,accelerating the concluding of relevant treaties is also important.