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

In the field of recognition and enforcement of foreign court judgments,the importance of the principle of reciprocity,which is listed as one of the prerequisites by most countries,is self-evident.It is not only related to the realization of the parties’private interests,but also to the sensitivity of a country’s judicial sovereignty and the necessity to protect national interests.There is a certain degree of difference between the retention and abolition of the principle of reciprocity and which principle of reciprocity is applicable in the international community.In judicial practice,the strict principle of reciprocity of facts adopted by the C hinese courts has also caused a series of problems,which is not conducive to the expected realization of the legitimate rights and interests of the party who prevailed in the judgment,nor is it conducive to the free flow of foreign-related judgments in the civil and commercial fields.Therefore,whether and what kind of reciprocity standard should be used in the review of applications for recognition and enforcement of foreign court judgments by Chinese courts is worthy of further in-depth study.In addition to the foreword and conclusion,the main content of this thesis is divided into three parts:The first chapter mainly introduces the international application of the principle of reciprocity to recognize the validity of foreign judgments.The second chapter analyzes the trial cases of Chinese courts using the principle of reciprocity when recognizing the validity of foreign judgments,and further explores the problems and their causes when Chinese courts use the principle of reciprocity to recognize the validity of foreign judgments in practice.This article believes that the existing problems mainly include:first,the strict standard of reciprocity in fact actually makes the recognition and enforcement of judgments between countries fall into a retaliatory deadlock;second,the Chinese courts have not fully ascertained whether foreign courts have recognized and enforced judgments,The precedent for the enforcement of Chinese judgments;third,when Chinese local courts deal with cases requesting recognition of the validity of foreign judgments based on the principle of reciprocity,there are differences in the handling of the individual cases,including the " Wuweihuang Case”The conservative stance of the established factual reciprocity standard also has a forward-looking view of the historical process of the " Belt and Road”construction.This dissertation further discusses the practical reasons for the above-mentioned problems,and introduces game theory to analyze this "prisoner’s dilemma" non-cooperative game situation.The third chapter analyzes the solution to the problems existing in the application of the principle of reciprocity to the recognition and enforcement of foreign judgments by Chinese courts.This article believes that the principle of reciprocity must be adopted first;secondly,the application of the principle of reciprocity should be softened.Based on the realistic background of the " Belt and Road”,the single factual reciprocity principle has been unable to meet the needs of the times to some extent,and the national policy has relaxed the recognition and enforcement of foreign court judgments.Softening the application of the principle of reciprocity and using a presumption to determine the existence of a reciprocal relationship is what it means under the macro background of active opening up.Under the new situation,China’ s legislation and judiciary must re-examine the standards of reciprocity in the recognition and enforcement of foreign judgments.When reviewing relevant cases,the courts should also adopt a more open,relaxed,active,and mutual-aid attitude to recognize reciprocal relationships.And further promote mutual recognition and enforcement of civil and commercial judgments between China and other countries.