Research On The Principle Of Reciprocity In China’s Recognition And Enforcement Of Foreign Court Decisions

The recognition and enforcement of foreign court decisions is the last and most crucial step in the whole international civil procedure..If the judgment made by the applicant country is not recognized by the respondent country,it means that the proceedings that have gone through before will lose their due significance,which will lead to a large number of parallel lawsuits,which is undoubtedly a serious waste of judicial resources.With the acceleration of global economic integration in recent years,transnational civil and commercial economic and trade activities have become more frequent,resulting in a large number of foreign-related civil and commercial legal disputes.Therefore,although there are different opinions on the principle of reciprocity in the world at present,the principle of reciprocity still plays an irreplaceable role in dealing with these recognition issues in the context of few agreed international treaties.This paper is divided into five parts.The first part is a summary,which explains the main subject step by step.Firstly,it introduces what it is about by starting from several theoretical basis theories in turn,so that we can have a thorough understanding of its meaning and historical origin theory.Then,it introduces the conditions of these recognition and enforcement issue from six points,indicating that a court judgment in one country cannot be obtained by other countries casually.After that,it is decomposed into the introduction of the principle of reciprocity,mainly from two aspects: the institutional value and the evolution of the principle of reciprocity.Let us have a deeper understanding of the past lives of the principle of reciprocity and the value of its existence.Then the second part introduces the problems existing in the application of the principle of reciprocity in our country and the possible causes of the problems.Only when the problems are discovered first can there be further solutions to the problems.Next,the third part explains the practice of other countries towards the main issue.This part is more general and more historical.Knowing and understanding is the main purpose,and there is not much to learn from it,because there is not much difference between countries in this respect today.Then the fourth part puts forward some suggestions to improve the application of the principle of reciprocity in our country,mainly from the practical aspect,including domestic and international aspects.The last part is the conclusion,which puts forward the expectation that by optimizing the application of the principle of reciprocity,we will continue to promote the application of legal reciprocity and constructive reciprocity and create a domestic and international legal environment conducive to international civil and commercial exchanges.