Study On The Indirect Jurisdiction Identification Of Recognition And Enforcement Of Foreign Judgments

Proper jurisdiction of foreign judgments is a necessary condition for the recognition and enforcement of judgments by domestic courts,which has been widely recognized by the international community.Unfortunately,indirect jurisdiction has been avoided by Chinese legislation due to the lack of research on indirect jurisdiction system.At the same time,the provisions of bilateral judicial assistance treaties on indirect jurisdiction are not operational.Which leads to the awkward situation of determining indirect jurisdiction in judicial practice,causing judges to ignore the review and identification of indirect jurisdiction in specific cases and it difficult to fully respond to the jurisdictional matters raised by the parties.With the continuous deepening of economic globalization and "One Belt and One Road",the economic and trade exchanges between countries will be more and more frequent,and it is bound to produce more foreign judgments that need to be recognized and enforced by our country.At the same time,the excessive jurisdiction and long-arm jurisdiction is seriously disrupting the judicial order of the international community.If it does not examine whether the judgment has proper jurisdiction,it will inevitably make the judgment without proper jurisdiction wrongly recognized and executed,which will affect the legitimate rights and interests of the parties and destroy judicial credibility.Therefore,the review and identification of indirect jurisdiction should be arranged as soon as possible.Through the analysis,it is found that there are two reasons for the difficulties in identifying indirect jurisdiction in judicial practice:first,it is not yet concluded which country’s law should be adopted to determine indirect jurisdiction,whether it is based on the law of the requesting country or the law of the requested country or both countries;Second,what should be included in the criteria of indirect jurisdiction,that is,which basis of indirect jurisdiction can be recognized by the courts of our country,it is difficult to have a unanimous answer.The research on these two questions runs through the whole process of indirect jurisdiction.However,it is difficult to clarify the causes of the above problems.First of all,no matter which country’s law on indirect jurisdiction to review is unfair for another country;Secondly,due to different laws among sovereign States,it is difficult to evaluate and coordinate which indirect jurisdiction is adequate.It may be that the requesting state considers the basis of jurisdiction appropriate while the requested state considers it inappropriate;Finally,when determining whether a foreign judgment has adequate indirect jurisdiction,it is inevitable to evaluate the jurisdiction of another country,and when denying the jurisdiction of a foreign judgment,there is a suspicion of evaluating the jurisdiction of another country,which causes a difficult problem in determining indirect jurisdiction.Due to different national conditions and different understandings of indirect jurisdiction among sovereign states,it is difficult to reach a consensus on the basis of proper indirect jurisdiction in judicial practice.Therefore,the research on which basis of indirect jurisdiction can be universally recognized by the state and society is the key to overcome the difficulties in determining indirect jurisdiction.For solving the problem of indirect jurisdiction determination in the application of applicable law,we can apply the law of the requested country to determine whether the jurisdiction of foreign judgment is appropriate;On the choice of the indirect jurisdiction standards,can use eligibility indirect jurisdiction basis detailed list mode and substantial connection mode combining decide whether indirect jurisdiction eligibility.Specific idea is: to respect and comity perspective to interpret indirect jurisdiction system construction,explore the international community about the direct jurisdiction of the commonness,and the greatest common divisor of the indirect jurisdiction,we will learn from the Hague Judgment Convention on the enumerating mode method of indirect jurisdiction,and supplement it with real and practical standards and combine with our judicial practice to enumerate the bases of indirect jurisdiction universally accepted by the international community,as an idea of our legislation on indirect jurisdiction.With the continuous progress and development of the international community,strengthening cooperation between sovereign states should be the main melody of the international community.Therefore,the legislation of indirect jurisdiction should start from mutual benefit and win-win situation,and positively respect the jurisdiction of foreign countries on the premise of not violating the exclusive jurisdiction of our country and not having excessive jurisdiction.