Research On The Principle Of Reciprocity In Recognition And Enforcement Of Foreign Court Decisions

The application of the principle of reciprocity in the recognition and enforcement of foreign judgments is the result of the balance of national interests and is adjusted with the development of the international situation and the changes of domestic policies.Whether or not to retain the principle of reciprocity in the cross-border flow of judgments is a matter of disagreement in both theoretical and practical circles,but the retention of the principle of reciprocity in today's world is still the choice of most countries.With the promulgation of the " the Belt and Road" initiative,it has become more important to ensure the free circulation of judgments between countries.Judicial practice shows that the narrow " reciprocity of facts" will undoubtedly bring greater legal risks to the international civil and commercial activities of China and the countries along the " the Belt and Road " that have not yet concluded mutual legal assistance agreements with China.The Supreme People's Court has put forward a request for the implementation of " legal reciprocity" to ensure a certain legal environment.However,there are still some problems in China's legal provisions on the principle of reciprocity,such as unclear legislative objectives,misunderstanding in judicial practice,unclear subject of burden of proof,lack of clear auditing standards,and relatively small scope of exceptions to reciprocity.In view of this situation,China needs to improve the review mode of the principle of reciprocity,clarify the burden of proof of the principle of reciprocity,measure the national and private interests,actively participate in the signing of bilateral and multilateral treaties on recognition and enforcement of civil and commercial judgments and establish the concept of international comity,so that the principle of reciprocity can become a favorable tool to promote the recognition and enforcement of some foreign related judgments under the initiative of " the Belt and Road".