Research On The Evidence Effect Of Non-recognized Civil And Commercial Judgements

As the result of the exercise of the judicial power,the judgment is the most direct embodiment of the judicial power.With the rapid progress of the The Belt and Road Initiative,the Chinese government has become increasingly cooperative with all parties along the route,and trade disputes with countries along the Belt and Road have also shown a continuous growth trend,bringing more challenges to the courts to handle foreign civil and commercial disputes.How to correctly deal with and apply the unrecognized judgment of the outside court has become an important topic in the field of international private law in recent years.As for the unrecognized civil and commercial judgment,based on the consideration of judicial sovereignty,the Supreme People’s Court clearly stipulates that if the judgment does not perform the recognition and enforcement procedures,the people’s court is not allowed to adopt the facts determined in the judgment,and does not recognize its effectiveness as direct evidence.However,in judicial practice,from the Supreme People’s Court to the local courts at all levels,the courts have shown different positions based on the role of unrecognized external judgments in improving the trial efficiency and reducing the litigation burden of the parties.From the perspective of litigation procedure,if the authenticity of the facts contained in the inter-domain judgment are directly denied,the parties may face litigation procedures such as new cross-border evidence collection,which undoubtedly increases the time cost and economic cost of the participants in the litigation.In terms of law,it is not of great practical significance for the court to redefine the facts that the external judgment has been determined.In view of this,this article stands in the perspective of macro and specific cases,without admitted the domain of foreign civil and commercial judgment as evidence of judicial practice,the rationality of evidence and necessary and if the requirements of the effectiveness of evidence is analyzed,and in the relevant legislation and judicial practice experience on the basis of the corresponding Suggestions.This paper adopts the research method of empirical analysis,combing the unrecognition of the evidence of the court,reflect the current judicial practice of the courts at all levels in the view of the differences on the issue of the effectiveness of the evidence in the judicial practice.The second part discusses the rationality of the use of unidentified foreign civil and commercial judgments as evidence from the perspective of judicial sovereignty,judicial efficiency and improving the foreign-related civil and commercial judicial assistance system,Specifically,it includes: first,the use of foreign civil and commercial judgment as evidence will not circumvent the civil judgment of foreign civil recognition and enforcement system,Second,the use of foreign civil and commercial judgments as evidence is helpful to improve the effectiveness of the judicial trial,Third,the use of foreign civil and commercial judgments as evidence is helpful to improve the judicial assistance system of foreign civil and commercial affairs;The third part discusses the conditional analysis of the unrecognized civil and commercial judgment as evidence,Specifically speaking,it includes formal elements and substantive elements;The fourth part mainly discusses the unrecognized foreign civil and commercial judgment that can be used as evidence,Specifically,it includes clearly affirming the evidence effect of unrecognized civil and commercial judgments in legislation,improving the current situation of insufficient legislative supply through judicial interpretation and learning from the experience outside the region,Hold a positive attitude towards unrecognized foreign civil and commercial judgments.