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

As one belt,one road initiative continues to grow with each passing day,China has become increasingly close to other countries.The number of cross-border civil litigation is increasing.A large number of judgments need to be recognized and implemented in other countries.Therefore,it is of great significance to study the recognition and enforcement system of judgments.Generally,the scope of validity of a court's judgment is limited to the territory of one country,but in a specific case,the property of the parties is often not in their own country,which involves the recognition and enforcement of other countries.Different countries have different conditions for the recognition and enforcement of foreign civil and commercial judgments,among which the requirement of reciprocity takes a large proportion.With the continuous development of the practice and theory of private international law,the requirements of reciprocity in some countries begin to loosen,which is manifested in criticizing or abandoning the principle of reciprocity.At present,China still chooses to retain the principle of reciprocity,but there are some problems in the process of application,such as the single recognition standard,the lack of legislative provisions,the unclear provisions of the subject of proof,etc.,which need to be improved.The author thinks that we can innovate the mode of mutual benefit,no longer judge by the single mode of fact mutual benefit.Secondly,we can improve the legislative provisions to promote the international flow of the judgment results of foreign courts and reduce the occurrence of parallel litigation.