Research On The System Of Recognition And Enforcement Of The Severable Part Of Foreign Punitive Damage Judgments

The System of recognition and enforcement of the severable part of foreign judgment refers to the system that divides a foreign judgment into several parts with relatively independent contents according to specific standards,and then recognizes and executes some parts of them,and does not recognize and enforce the rest parts.This system originated from the international judicial practice and was standardized by the contents of international conventions.At present,the system is accepted by more and more countries,and it is tried to be used in the practice of recognition and enforcement of various types of judgments.Among them,the recognition and enforcement of severable part of punitive damages judgment is the most typical kind.Punitive damages are widely accepted in countries and regions of different legal systems,and they are easily denied and enforced by the court because they violate public order and do not have the nature of private law.In this way,the legitimate interests of the parties can not be effectively protected.However,the court will exclude the part of punitive damages that violates the public order of the country,recognize and enforce the rest of the judgment,so as to maintain the public order of the country and protect the legitimate interests of the parties.The System can resolve the dilemma of recognition and enforcement of judgments in foreign countries,and effectively promote the circulation of punitive compensation judgments in the worldThere are four parts in this paper.The first part is the introduction of the system The first section introduces the basic definition and connotation of the judgment division system,as well as the concept analogy with the "depecage" in the theory of private international law.The second section further introduces the function,value orientation and inevitable limitations of the system in specific application.The third section introduces the feasibility of the division of punitive damages.At the beginning of this section,the issue will shift from generality to particularity,so as to start the discussion of the next part of the division of punitive damages judgmentThe second part discusses the principal problems of punitive damages from the theoretical level.First of all,the first section will discuss the reasons for the division of punitive damages.Here,it mainly analyzes the reasons from two aspects:the traditional position of civil law countries refusing to accept punitive damages and the country maintaining its public order.The second section analyzes the four common methods of dividing punitive damages judgment.The third section analyzes the legal effects,including the legal effects on the parties to the case and the corresponding effects on the courts of the country where the judgment was made and the requested country,and further puts forward the specific requirements for the division of the judgment on this basis.The third part raises the theoretical analysis to the level of judicial practice,and discusses various situations of the division of punitive damages in the international judicial practice.The first section summarizes the embodiment of the system in the norms of international treaty and domestic law,and summarizes the characteristics and trends of legal norms.The second section introduces the basic position of the common law countries and regions on the open and inclusive punitive damages,as well as the typical practice of the division of punitive damages in the United States and the United Kingdom,and summarizes its characteristics.The third section introduces the attitude change of civil law countries and regions on punitive damages from closed and exclusion to limited recognition,and introduces the specific practice of the division of punitive damages in Germany,Japan and Taiwan,and summarizes and analyzes its characteristics.The fourth part,based on China's position,analyzes the enlightenment of the division of punitive damages judgment on China's recognition and enforcement of foreign judgments in the future.The first section introduces the basic situation of the division of punitive damages in the legislative work and judicial practice.In the second section,from the perspective of improving the legislative work,the author proposes three levels to supplement and refine the legal system:the basic basis of improving the division,the reasons and methods of the division,and the accession to the international conventions on recognition and enforcement of judgments.In the third section,from the implementation path of judicial practice,some suggestions are put forward,such as adhering to the guidance of substantive law,flexibly using the principle of division and proportion,and implementing international treaties in practice.