The Analysis Of S.L.J. Company Applied For Recognition Of Israeli Court Judgment Case

Under the background of global economic integration,civil and commercial exchanges between countries become more frequent,increasing foreign-related civil and commercial disputes.Recognition and enforcement of judgments is the final stage of settling foreign-related civil and commercial disputes through litigation.However,for transnational civil and commercial disputes,the recognition and enforcement of foreign-related cases in other countries is more complex and changeable than the enforcement of domestic court judgments in their own countries.This involves international judicial assistance in civil and commercial matters,regional treaties and different principles and mechanisms of national judicial systems.Therefore,recognition and enforcement of foreign court decisions play a very important role in the field of international private law.This article obtains from the case,from the perspective of article 544 of the Supreme People’s Court’s interpretation of the application of the Civil Procedure Law of the People’s Republic of China,compares the relevant legislative provisions and judicial practices of other countries and conducts a research and analysis on the identification criteria of the reciprocal relationship implemented by China in the field of recognition and enforcement of foreign judgments and the legal remedies that can be taken by the applicant after the rejection of the application reflected in this case.The article is mainly divided into four parts.Part Ⅰ: This part is the case review,mainly introduces the background of the case and the ruling results of,to extract the problems reflected in the case.The problems reflected in the case include two aspects: first,the recognition of reciprocal relationship in the absence of treaty reciprocity;Second,the legal remedies that an applicant may take after a foreign court’s judgment is refused to recognition and enforcement by Chinese court.Part Ⅱ : This part is a detailed discussion of the identification of the reciprocal relationship reflected in the case.Firstly,it introduces the traditional identification reciprocal relationship,including presumption reciprocity,law reciprocity and fact reciprocity.Then,combined with the current practice of the identification of the reciprocal relationship of various countries,the paper summarizes the new development of the practice of the identification of the reciprocal relationship.It mainly includes: to discriminate differentsource countries’ judgments and the existence of the other country’s refusal practice does not necessarily negative reciprocity.Finally,Paper analyzes the identification of the reciprocal relationship in this case.The judge of this case followed the consistent practice in judicial practice in China,that is,to review whether there is a reciprocal relationship between China and Israel according to the identification standard of fact reciprocity.Part Ⅲ: This part discusses the remedies the parties can take after the foreign judgment is rejected.Firstly,it introduces the common relief methods,including two ways of separately suing and appealing.Then paper analyzes the legal remedies that S.L.J.company can take in this case.Although the judge did not mention anything about this in the ruling of this case,according to article 544 of the Supreme People’s Court’s interpretation of the application of the Civil Procedure Law of the People’s Republic of China,it can be known that S.L.J.company can sue separately.Part Ⅳ: This part is the enlightenment of this case on the recognition and enforcement of foreign judgment system in China,which mainly includes three aspects: improvement of the standard of identification of reciprocal relationship,improvement of the applicant’s channels of remedies and connection between judicial interpretation and law.First,we should establish a new standard of identification of reciprocal relationship at the legislative level.Second,we need to improve the remedies for the applicant,including allowing the applicant to appeal against the ruling result and treating the lawsuit filed by the applicant differently in accordance with article 544 of the Supreme People’s Court’s interpretation of the application of the Civil Procedure Law of the People’s Republic of China;Third,since the Civil Procedure Law of the People’s Republic of China issued in June 2017 has not amended the recognition and enforcement of foreign judgments,relevant judicial interpretation should be issued as soon as possible to make provisions on reciprocity more detailed and specific,and to avoid breaking the connection between judicial interpretation and law.