Research On The Construction Of Indirect Jurisdiction Review Criteria In China

Indirect jurisdiction,as one of the basic conditions for recognition and enforcement of foreign courts' judgments,is also the most important issue faced by the international community when recognizing and enforcing foreign judgments.Most countries' domestic laws and the conventions on recognizing and enforcing foreign judgments made by the Hague Conference on Private International Law all contain the relevant provisions on indirect jurisdiction,but our country still lacks legislation in this respect,and the indirect jurisdiction review standard in the bilateral treaties on judicial assistance are not unified as well.It is obviously that China's foreign related civil litigation system is lagging behind.Especially under the “Belt and Road” Initiative,China are getting closely interacted with other countries,so the disputes are also on the rise,and need for recognition and enforcement of foreign judgments also increases.China's existing legislation and bilateral treaties are not enough to achieve the effect to let the judgments move freely.Therefore,it is necessary to stipulate the indirect jurisdiction in China and construct its review standards.This paper focuses on how to construct indirect jurisdiction review in China,and discusses this issue in four sections.In terms of international theories concerning the review of indirect jurisdiction,although intuitively,bilateral doctrine in the rule-derivative theory seems more popular,its negative sides will also bring problems.Policy-derivative theory,though overcomes the disadvantages of the rule-derivative theory,also brings great uncertainty.The practice shows that the policies of a country in recognizing and enforcing foreign judgments are changing over time and in different cases.This paper analyses the laws and rules on the indirect jurisdiction review in some representative countries,and the defects of the indirect jurisdiction review criteria in China.In view of the existing defects,this paper intends to construct the indirect jurisdiction review rules which conform to the Chinese national conditions.In the first place,it is necessary to construct the rules of domestic laws to make jurisdiction review as one of the conditions for recognition and enforcement of foreign judgments,and to clarify the criteria of indirect jurisdiction review at the same time.Secondly,we need to solve the unification of the criteria in the review of indirect jurisdiction between bilateral treaties.Finally,this paper suggests that China should actively participate in the relevant international conventions on recognition and enforcement of foreign civil and commercial judgments.