Extraterritorial Judgment As A Study Of Evidence In China's Civil Procedure

Under the “One Belt and One Road” background,the increase in economic exchanges between China's countries along the country's lines has led to an increase in civil and commercial disputes.With the number of people involved in the case,how can China's judicial efficiency be increased under limited judicial resources?Whether it can be used as evidence is more important.In the case of extraterritorial legislation as evidence of whether the decision is not clearly defined,we have to admit from the court in the judicial practice in cases of extra-territorial effect of the judgment of the evidence,and the evidence admitted extraterritorial application of the decision and will not evade our decision to admit extraterritorial From the perspective of the enforcement system,the analysis of extraterritorial judgments can be used as evidence in our civil lawsuits.As for the conditions for which the extraterritorial decision should be used as evidence,the author believes that unless the court of the respondent expressly requires the performance of the notary certification procedure,the use of an extraterritorial judgment as evidence does not require notarization.In addition to the form notarized certification requirements,in essence,the decision should also have extraterritorial res judicata,the condition recognition and enforcement of judgments in extraterritorial court decision that is made outside of competent jurisdiction,the trial has due process,our country does not violate the public interest,Extraterritorial decision making is procedurally legal.In addition,theprocedure of extraterritorial judgments in our civil lawsuits,the author believes that the extraterritorial judgments cannot be regarded as the same pre-determined facts as the judgments of domestic courts.Instead,they should be subject to the cross-examination of the parties and the court's cognizance before they can be used as ordinary evidence.in accordance with.In the end,the author puts forward suggestions for improving the relevance of the rules of foreign judgments in China,so as to help the development of evidence rules in China's civil lawsuits.The first chapter mainly introduces the basic concept of extraterritorial judgment as evidence.The first section mainly defines the basic concept of extraterritorial judgments and evidence.The second section mainly introduces foreign precedents on the use of extraterritorial judgments as evidence in civil lawsuits.In the third section,the author focuses on exposing extraterritorial judgments as evidence in civil lawsuits in China.The practical significance.The second chapter mainly discusses the feasibility of extraterritorial judgment as evidence in our country's civil lawsuit.In the first section,we briefly explain that the extraterritorial judgments recognized by our country have the same evidential effect as domestic court decisions;the second section mainly discusses the feasibility of the extraterritorial judgments that have not been recognized by China as evidence,and first analyze the existing legislation in China.in our legislation does not specify whether the decision can be used as evidence of extra-territorial basis,from the Court of justice has long been the practice of extraterritorial extraterritorial judgment as evidence and will not circumvent the decision as evidence of two admitted to the implementation of the system,in-depth Discussing extra-territorial decisions can be used as evidence.The third chapter mainly discusses the conditions that extraterritorial judgments should have as evidence in our country's civil lawsuit.The first section mainly discusses what kind of requirements the foreign judgments should meet as evidence.Starting with Article 11 of the Civil Evidence Regulation,it analyzes the due meaning of the provision and its existing problems,and then discusses whether the extraterritorial judgment must be fulfilled.The formalities required by this article.Section II discusses the extraterritorial judgment as evidence of the substantive requirements should have,beyond the extraterritorial judgment should have res judicata,should also satisfy the condition angle recognition and enforcement of,respectively,res judicata explained the meaning of extraterritorial judgment set forth the conditions of res judicata,extraterritorial judgment The objective scope of the judgment as well as the conditions for recognition and enforcement.The fourth chapter mainly discusses the procedural requirements for extraterritorial judgments to be used as evidence in our courts.Section I of the verdict as evidence of extraterritorial application of a party should take the initiative to submit,and the extra-territorial decision the burden of proof burden of proof;Section II describes the extraterritorial judgment to be used as the basis shall be subject to cross-examination and review of court confirmation,mainly from the judge and the parties cross-examination Review two aspects elaborated.Chapter 5 discusses China's proposal on extraterritorial judgments as evidence legislation and judicial status and related improvements.The first section describes the present situation of China's current legislation and judicial practice as an evidence of extraterritorial judgments.On the basis of the first section and the above,we make recommendations for extraterritorial judgments as evidence in our civil lawsuits.