Research On The Recognition And Enforcement Of Punitive Damages Judgment In Foreign Courts

The main content of this paper is based on the current theory and actual state in China,analyzing the reasons for the difficulties in the recognition and enforcement of punitive damages judgment,and exploring the corresponding solutions at home,abroad and internationally,so as to provide reference for China in the legal and judicial level.In the course of research,the major controversy encountered is whether the recognition and enforcement of punitive damages judgments of foreign courts meet the general conditions for the recognition and enforcement of judgments of foreign courts,and how our country should deal with such judgments in legislation and judiciary.This article mainly studies the recognition and enforcement of punitive damages judgments in foreign courts by adopting literature research methods and case study methods,and finds out whether the recognition and enforcement of punitive damages judgments in foreign courts meet the general conditions for recognition and enforcement of foreign court judgments.Whether the punitive damages judgment is of a civil and commercial nature and whether it violates public policy.This article's view is that the punitive damages judgment is of a civil and commercial nature,and it is recommended to weaken the connection between the recognition and enforcement of punitive compensation judgments and public policy.The international trend is to avoid excessive use of "public policy provisions".After clarifying the above issues,in legislation,it is recommended that my country separately regulate the issue of recognition and enforcement of punitive damages judgments.In the judiciary,the court can follow the "mirror theory" and introduce the "principle of proportionality" on the basis of the division system.Finally,the specific circumstances of the whole case are integrated to deal with the punitive compensation part of the punitive compensation judgment.