Research On The Principle Of Reciprocity In The Recognition And Enforcement Of Foreign Court Judgments

With the global economic level rising steadily,increasing international economic and trade activities,which inevitably leads to frequent occurrence of international civil and commercial disputes and in such cases,often one country court finally need to get the recognition and enforcement of other countries,can effectively ruling the specific content of realizing the principle of reciprocity as an important link in the recognition and enforcement of foreign court's decision,its specific form greatly affects the application of the recognition and enforcement of whole system.Throughout the world,most of them will be of mutual benefit principles for recognition and enforcement of foreign court decision process is an important premise of reciprocity in the main manifestation in the judicial practice is divided into: the treaty of mutual reciprocity law fact presumption of mutual benefit and reciprocity civil law in most countries in the judicial practice in the form of the law of reciprocity most common law countries do not reciprocity as the necessary conditions to recognition and enforcement of foreign judgments,but pay more attention to whether the verdict countries have jurisdiction over the decision is in line with the due process and the recognition and enforcement of its decision conflicts with the country's public policy.This paper focuses on the analysis of the following contents: first,at present,in China's judicial practice,the use of a single and strict reciprocity has negative effects,such as the lack of initiative to establish a mutually beneficial relationship with foreign countries,the possibility of derogation of foreign recognition and enforcement of Chinese judgments.Second,foreign countries have the advantage of adoptingmutually beneficial laws,such as facilitating mutually beneficial relations between countries,so as to avoid a vicious circle of mutual rejection.On the basis of this,some Suggestions are given to improve the principle of reciprocity in the recognition and enforcement of foreign court judgments.The Suggestions are mainly aimed at improving legislation and judicial interpretation,establishing database of recognition and enforcement of foreign judgments,and establishing communication department of recognition and enforcement of foreign judgments.In terms of perfecting legislation and judicial interpretation,this paper discusses from three perspectives,namely,clarifying the legislative objective of the principle of reciprocity,clarifying the identification standard of the relationship of reciprocity,and clarifying the burden of proof of the relationship of reciprocity.The goal of legislation should indicate the incentive and promotion function of reciprocity principle.We should adhere to the judgment basis of "whether the foreign country has the possibility to recognize and enforce our judgment",and adopt different criteria of mutually beneficial relationship according to different circumstances of the case.For the purpose of promoting the establishment of a mutually beneficial relationship,it should be made clear that the burden of proof of a mutually beneficial relationship shall be borne by the respondent.The perfection of the principle of reciprocity is conducive to the overall perfection of the system of recognition and execution of judgment,thus providing convenience for international judicial cooperation.