Research On The Principle Of Reciprocity In China's Recognition And Enforcement Of Foreign Court Judgments From The Perspective Of Judicial Sovereignty

With the rapid development of China's foreign-related economic trade and the implementation of the "One Belt,One Road" initiative,foreign-related civil and commercial' exchangesare becoming more frequent.The number of transnational civil and commercial litigations accepted by Chinese courts has increased,the principle of reciprocity is an important basis for judging whether foreign court decisions can be recognized and enforced by Chinese courts.The principle of reciprocity has four models:factual reciprocity,legal reciprocity,presumptive reciprocity and treaty reciprocity.China adopts two models of fact reciprocity and treaty reciprocity,the application of the principle of reciprocity in China is insufficient.China's principle of factual reciprocity is too strict and it does not exclude personal judgments and non-suits rulings.In addition,in the construction of the factual reciprocity system,due to the weakening of China's national strength,the limited understanding of foreign legal systems,and the lack of experience in foreign-related judicial exchanges,the premise of China5s recognition of foreign judgments is that the foreign courts recognize China's judgments.Which greatly limits the probability of foreign judgments being recognized and enforced in China.The recognition and enforcement of foreign court decisions can promote the intermational flow of judgments and improve the international credibility of national jurisdictions.However,the enforcement of foreign judgments also means that it may infringe on the judicial sovereignty of the country.Legislators can reduce the risk of judicial sovereignty being infringed through a sound system design.As far as China is concerned,we should improve our country,s principle of reciprocity.First of all,we should establish an open and dynamic concept of judicial sovereignty.Secondly,reciprocity should be replaced by presumptive reciprocity,and construct a boundary for the presumption of reciprocity,that is,recognition of foreign punitive damages,and expand the scope of the principle of reciprocity.Finally,we should improve the identification of reciprocal relationship.It should be clear that the parties are responsible for proving that the reciprocal relationship exists.