Study On The Recognition And Enforcement Of Civil And Commercial Judgements Of Foreign Couets Under The "One Belt And One Road" Initiative

Since the beginning of the 21 st century,international cooperation has become an irresistible trend,which has been fully demonstrated by the "Silk Road Economic Belt" and "21st Century Maritime Silk Road" proposed by China in 2013.In the process of "O ne Belt and O ne Road",investors from all countries drive the integration of politics and culture through commercial exchanges,and promote diversified exchanges among countries.However,at the same time,trade-related legal disputes are inevitable.The perfect solution to trade legal disputes is bound to involve the recognition and implementation of court judgments of other countries.This paper intends to discuss the recognition and enforcement of foreign civil and commercial judgments between C hina and the countries along the "One Belt and One Road" policy.This paper is divided into five parts.The first part mainly elaborates the new requirements of the Belt and Road Initiative for the recognition and enforcement of civil and commercial judgments of foreign courts,including new requirements for judicial decisions and new requirements for China’s legal system.The second part is mainly divided into two aspects.Firstly,it mainly introduces the general international regulations on the recognition and enforcement of the civil and commercial judgments of foreign courts.Secondly,it elaborates some problems existing in the recognition and enforcement of the civil and commercial judgments of foreign courts in C hina.The main problems include the lack of bilateral treaties and international conventions related to the countries along the Belt and Road,the incomplete domestic legal system,and the incomplete specific system for recognizing and enforcing the civil and commercial judgments of foreign courts.The third part mainly elaborates the relevant provisions in the Convention on the Agreement of C hoice of Court,the Convention on the Recognition and Enforcement of Foreign C ivil and Commercial Judgments and the bilateral treaties signed by our country,including the content of the acceptance and jurisdiction of the court of the country of first instance and the content of the recognition and enforcement of the civil and commercial judgments of foreign courts.The fourth part,followed by the previous parts,discusses the opinions and suggestions on the improvement of the recognition and implementation of civil and commercial judgments of foreign courts under the "O ne Belt And One Road" initiative.It mainly includes taking an active part in the formulation of relevant international conventions and treaties,perfecting C hina’s domestic legal system,perfecting C hina’s specific system of recognizing and enforcing civil and commercial judgments of foreign courts,and broadening the ways of find ing out foreign laws.The fifth part is the conclusion section,which mainly discusses the research achievements,defects and prospects of this paper.It is expected that the research of this paper can provide a theoretical basis for judicial cooperation under the "One Belt And One Road" initiative.