Study On The Recognition And Enforcement Of Judgments Of Foreign Courts In China

The rapid development of economic globalization has brought many foreign-related cases to our country.The recognition and enforcement of judgments by foreign courts not only involve the issue of a country’s judicial sovereignty,but also the issue of the substantive rights of the parties in each country.In international civil litigation cases,the mutual recognition and enforcement of transnational judgments have always been important components.Recognition and enforcement of international judgments Due to differences in interest subjects,legal backgrounds,and political factors among countries,there has been a delay in reaching a unified legal mechanism.Only a very small number of foreign court judgments can be recognized and enforced in the courts of other countries.my country’s domestic law also does not specifically provide for the recognition and enforcement of judgments.This has directly led to the fact that under the background of economic globalization,Chinese enterprises or individuals encounter problems in overseas investment,international trade transactions,or product import and export.When it comes to cross-border legal issues,it is difficult for foreign-related judgments to be recognized and enforced in Chinese courts,and ultimately legal rights and interests cannot be protected in a timely and effective manner.In judicial practice,my country’s courts lack flexibility in the recognition and enforcement of foreign court judgments,and there are few landmark breakthrough cases.Based on this,this article adopts a progressive analysis method,divided into four parts to discuss.The first part of this article is to introduce the "Overview of my country’s Recognition and Enforcement of Foreign Court Judgments".First,the basic concepts of recognition and enforcement of foreign court judgments are introduced theoretically,and key words such as"recognition and enforcement","foreign","court",and "judgments" are split and interpreted,namely,recognition and enforcement of foreign judgments.Generally,it refers to a country’s courts in accordance with certain legal procedures to recognize the final judgments made by foreign courts with jurisdiction to make them have the same effect as the domestic courts’judgments,and to enforce them in accordance with the domestic execution procedures.Then,it analyzes in depth the legal basis for the recognition and enforcement of judgments in different historical periods,such as the theory of international comity,the theory of vested rights,the theory of established precedent,and the theory of reciprocity.Finally,the conditions for the recognition and enforcement of foreign court judgments are drawn.The recognition and enforcement of foreign court judgments will involve a country’s sovereignty to a certain extent.Only when the conditions for recognition and enforcement are clearly stipulated in legislation can my country’s judicial sovereignty be protected.Will be destroyed to avoid undue consequences caused by the uncertainty of the law.Finally,after analysis in this section,it is concluded that the recognition and enforcement of transnational judgments should generally conform to appropriate jurisdiction,have the requirements of procedural justice,the judgments should not violate the public order of the country of execution,the judgments should be"certainty" and have conditions of reciprocity Wait.The second part is to introduce "the current status of legislation and treaty conclusions regarding the recognition and enforcement of foreign court judgments in my country".Mainly through the analysis of the status quo of China’s legislation for the recognition and enforcement of foreign court judgments,such as my country’s "Civil Procedure Law" and other laws,the problems existing in the current legislation are found.Combining with the analysis of the status quo of treaties on the recognition and enforcement of foreign court judgments in my country,we have a thorough understanding of the imperfections and inconsistencies in the legislation and the conclusion of treaties in the recognition and enforcement of foreign court judgments in our country.The third part is an introduction to "analysis of the judicial status quo of the recognition and enforcement of foreign court judgments in my country".Through the different types of cases produced in our country’s practice over the years,we analyze the current judicial situation in our country,First of all,in judicial practice,most courts will remain silent or unclear applicable standards for the review of indirect jurisdiction.The review of the "certainty" criteria for judgments is rather vague.Secondly,the principle of reciprocity often adheres to the "factual reciprocity" standard in judicial application,making it difficult for judgments to circulate freely,and the proposed flexible reciprocal relationship will not solve specific judicial dilemmas in the future.Thirdly,there are loopholes in the review of procedural justice,the use of standards is different,and neither the legislation nor the judiciary regards "fraud" as one of the conditions for refusing recognition and enforcement.Finally,the general terms of public order reservations apply more broadly,and excessive self-defense is not conducive to the effective circulation of judgments in my country.The fourth part is the suggestion part of this article,introducing "my country’s suggestions on the recognition and enforcement of foreign court judgments".It is divided into two parts:conditional recommendations and international coordination recommendations.In terms of conditional recommendations,based on the recognition and enforcement of foreign-related judgments by foreign courts,combined with forward-looking academic analysis,I propose the author’s thinking on the system from five aspects,such as clarifying the indirect jurisdiction review standard and clarifying the certainty of the judgment.Identify and reasonably apply the principle of reciprocity,guarantee procedural justice,improve public order reservation clauses,and promote foreign court judgments to be better recognized and enforced in Chinese courts.In terms of international coordination recommendations,it mainly includes actively improving and concluding bilateral judicial assistance agreements and preparing for the entry into force of the"Choose the Court of Agreement Convention",promoting international cooperation and exchanges,and improving my country’s judicial credibility in order to better protect the legitimate rights and interests of Chinese parties.,Paving the way for adapting to the increasing and complex trial needs of my country’s international civil and commercial litigation in the future.It is true that my country’s recognition and enforcement of foreign court judgments is only a small part of my country’s international civil and commercial interactions,but it protects the legitimate rights and interests of parties in various countries,saves manpower,material and financial resources for judicial trials,and creates a good legal environment for my country’s future commercial interactions.It makes a lot of sense.