A Textual Study On The Recognition And Enforcement Clauses Of Civil And Commercial Judgments In Chinese Bilateral Judicial Assistance Treaties

The bilateral judicial assistance treaty and the "principle of reciprocity" together constitute the basis for Chinese courts to recognize and implement foreign civil and commercial judgments in the judicial assistance between the two countries.Within the framework of the current system,the provisions on the recognition and enforcement of judgments in China's current bilateral civil and commercial judicial assistance treaties contain three aspects in terms of content.Secondly,the application and acceptance procedure of the judgment recognition and execution request,including the main body and the submission path,and the requirements of the attached documents of the request;Finally,the review procedure of the judgment that is requested to be recognized and executed,including the applicable law at the time of review and the scope of review,focusing on the review of jurisdiction and the reasons for refusing to recognize and execute.From the text of existing bilateral judicial assistance treaties in China,there are still some deficiencies in the spirit of universal validity and justice of the treaties,in the requirements for the fraudulent examination of the legal acquisition of judgments,and in the provisions on the duration of procedures and jurisdiction.So as to avoid the parties and the court in the judicial practice to avoid quoted sentence admits the conditions in bilateral judicial assistance treaty without the effect of private international law,deal with bilateral treaty on the recognition and enforcement of relevant text was summarized to comb,clear what is a bilateral treaty of recognition and enforcement of foreign judgments,and to further refine request recognition and enforcement judgment comnon procedures,with convenient,at the request of the client and then generalizes the recognition and enforcement of foreign decision whether asked the court after the review standards,this is from the legislative purpose of solving the problem of how to define the core,Finally,based on the overall grasp of the existing bilateral treaty text,this paper puts forward some suggestions from the text level in connection with the predicament existing in judicial practice.