Analysis On The Reservation Of Public Order In The Recognition And Enforcement Of Foreign Courts Judgments

The recognition and enforcement of judgments of foreign courts is the continuation of foreign international civil procedure,the destination of the whole international civil procedure and the essence of relevant judicial procedures.In the process of recognition and enforcement of foreign court decisions,the correct application of the reservation system of public order will make it the last "Safety Valve" to protect domestic public order;If abused,it will affect the normal international civil and commercial order,and even seriously affect the normal relations between countries.As one of the oldest systems in the field of private international law,almost all countries have established the reservation system of public order in the legislative or judicial practice.However,due to the differences in the legislative process and the level of legal civilization in various countries,there are still many imperfections in the application of the reservation system of public order in various countries,which to a certain extent affects the normal international civil and commercial exchanges.China’s legislation also regulates the application of the reservation system of public order in the process of recognition and enforcement of foreign court decisions,but there are still problems such as unclear definition of the connotation and extension of the reservation system of public order,substitution of "social public interest" for "public order",unclear application standards,inconsistent application standards of different department laws,and excessive restrictions on Application in practice Question.In this paper,it is proposed that China should perfect the public order from the aspects of legislation and judicature,clarify the meaning and scope of public order,unify the expression of public order in various departments,balance the domestic public order with the international public order,add restrictive wording,establish the examination standard of "Result Theory",clearly stipulate the procedural rules of applying the reservation system of public order,and cultivate the public order of judges To strengthen the judge’s ability of logical argumentation and reasoning,we should establish the system of maintaining public order to guide cases,clarify the specific examination standards,introduce the principle of close contact degree and the theory of interest measurement.