Analysis On The Application Of The Principle Of Reciprocity In The Recognition And Enforcement Of Foreign Court Judgments In My Country

As my country joined the "Convention on the Recognition and Enforcement of Foreign Civil and Commercial Judgments" in 2019,the issue of my country’s recognition and enforcement of foreign court judgments(hereinafter referred to as "recognition and enforcement")has once again become the focus of attention.The recognition and enforcement of domestic court rulings abroad is different from the rulings made by international arbitration courts.According to the provisions of the New York Convention,each contracting state must recognize and enforce international arbitration rulings in accordance with the agreement of the treaty.implement.However,if the judgment of a court in one country is to be recognized and enforced in another country,it must be obtained through other means.The main ways are:(1)Bilateral judicial assistance treaties between the two countries,(2)the reciprocal relationship between the two countries,or(3)the relevant provisions in the national laws of the applicant country.As far as my country’s current judicial status is concerned,there is no effective convention on the recognition and enforcement of foreign court judgments.Therefore,the only way to recognize and enforce foreign court judgments is based on bilateral judicial assistance treaties or the principle of reciprocity.However,large countries with close economic and trade relations with my country have obvious shortcomings in signing bilateral judicial assistance.Therefore,the principle of reciprocity is still the basis for dealing with cases of recognition and enforcement of foreign court judgments.As an important principle of international law in recognition and enforcement,the principle of reciprocity should have actively promoted the cross-border enforcement of judgments,but due to the flaws in the system design,it has become a tool for mutual "retaliation" between countries in practice,so many countries choose not to apply this principle.However,our country relies more on the principle of reciprocity in dealing with cases of recognition and enforcement of foreign court judgments.In the absence of conventions and treaties,we can only choose the principle of reciprocity as the basis for handling cases.Therefore,more experts and scholars use this principle to improve it.For the research direction,not to abandon.This article starts from our country’s legislative provisions and academic disputes on the principle of reciprocity,and based on the focus of controversy in the current academic circles on the application of the principle of reciprocity,grasps the foothold of the article,that is,the necessity of the existence of the principle of reciprocity.Discussed the typical cases of recognition and enforcement between my country,Japan,Germany,South Korea,and Singapore,and found that when applying the principle of reciprocity,Chinese courts have strict application standards for the principle of reciprocity,unclear burden of proof,ignoring the precedent of reciprocity,Judges failed to balance public and private interests when trying cases,and the reasoning part of the judgment was not sufficient.According to the above problems,the reasons are analyzed from both the legislative and judicial aspects,and the application of the principle of reciprocity in the recognition and enforcement of foreign court judgments in the United States,South Korea,Australia and Indonesia is analyzed and used for reference.Judicial softening applies two aspects to provide ideas for the perfection of the principle of reciprocity.