The Study Of Reciprocity Principle In The Foreign Judgment Recognition And Enforcement

In the recognition and enforcement of foreign judgments,reciprocity principle is an important condition.But on its application,it has been used as a tool of revenge,becoming an important obstacle to the cross-border of judgments.So many countries changed the application on reciprocity principle,they give up or limit it.The United States no longer based its recognition and enforcement of foreign judgments on the application of reciprocity principle,although their are many foreign judgments be recognized and enforced,but its not treated by the other countries.So the United States recalled the reciprocity principle in legislation,which led many countries to the study of reciprocity principle.The best way is making it applicable in a more flexible state.Based on the current domestic legislation on reciprocity principle,many countries and regions tried to give up or limit the application of it.Some countries,have never legislated the recognition and enforcement of foreign judgment,so does not exist the application of reciprocity principle in their domestic legislation.Their are also many countries believed that the application of the reciprocity principle not only fails to promote the recognition and enforcement of foreign judgement,but also becomes a tool of balances between countries.Many other countries directly and reversely restricted the application of the reciprocity principle,which is selectively applying the principle.These countries are actively participating in the negotiation and signing of international treaties.Trying to promote the circulation of judgement through its own efforts.As far as treaty reciprocity is concerned,the number of bilateral treaties,regional treaties and international conventions is relatively small,which is not enough to promote the circulation of judgment in the global scope and fails to play the role of treaty reciprocity.The application of traditional reciprocity principle has many disadvantages in the judicial practice,many countries suffered.So many countries begin to broaden the applicable standards of reciprocity principle,and adopt the new reciprocity principle way.They want to make more judgments be recognized and enforced as far as possible though the efforts of judicial practice,such as give reciprocity first,apply presumptive reciprocity positively in practice to reduce the generation of parallel litigation,and protect the interests of the parties,at the same time promoting the effective development of international judicial cooperation.The provisions on the reciprocity principle in China domestic legislation are not detailed enough.In China,the reciprocity principle has fallen into a strange circle of non-recognition with other countries due to the its strict standards and the restricted of treaty reciprocity.Changing the attitude to the reciprocity principle is more important,China should be in the domestic legislation to systemic regulation of reciprocity principle,the judicial practice to strengthen the guidance and supervision of reciprocity principle applicable,strengthen the linkage between the various departments.At the same time,accelerating the construction of the recognition and perform database,then the judgments can be circulated as more as possible.