The Dilemma And Solution Of The Application Of Reciprocity In Recognition And Enforcement Of Foreign Civil And Commercial Judgments In China

As the process of economic integration proceeds,the frequency of foreign-related civil and commercial disputes in China is constantly recognizing.However,China's legal system is now unable to meet the needs of recognition and enforcement of foreign judgments at this stage.When the Chinese court decides whether to recognize and enforce the foreign civil and commercial judgments,it first looks at whether it has signed a mutual legal assistance treaty with the original judgment state,and secondly,checks whether there is a reciprocal relationship between the two parties.But due to the lack of multilateral agreements involving reciprocity principle and the lack of mutual legal assistance treaty,as well as relative provisions in domestic laws being too abstract,Chinese court mostly rely on the rigid factual reciprocity model to check if reciprocity relation exists between two countries.This article mainly analyzes the development dilemma of China's current reciprocal principle application model and its causes,deeply understands the theoretical origins behind the principle of reciprocity,and combines domestic and foreign large-scale cases to explore the current principle of reciprocity from the perspectives of domestic legislation,international treaties and judicial practice guidance.China should participate more actively in the drafting,negotiation and signing of multilateral treaties,with particular emphasis on the Civil and Commercial Jurisdiction and Foreign Judgment Convention;and accelerate the process of forming bilateral mutual legal assistance treaties with important trading partners;It is necessary to refine the legislation and establish a presumptive reciprocity model in certain judgment areas.The influence of the guidance issued by the Supreme People's Court on the Wuweihuang case shall be reduced on the inferior courts,a more active and open attitude to promote judicial exchanges between China and foreign countries shall be adopted.