Resolving the Dilemma of Judgment Reciprocity - From a Sino-Japanese Model to a Sino-Singaporean Model

Abstract

This article explores the evolution of judgment reciprocity in China. An introduction of China’s restricted definition of reciprocity is followed by an analysis of the result of mutual retaliation between China and Japan, which represents a negative model of recognition and enforcement of foreign judgments. The successful model, between China and Singapore, of mutual recognition and enforcement of judgments is then discussed and the contributing factors to this success are analysed. Finally, the China’s internal reform and external co-operation is explored, as well as the transformation of the interpretation of reciprocity in recognition and enforcement of foreign judgments. We conclude that reciprocity will serve multiple and flexible functions in China’s legal framework and judicial practice, which will enable China to join the establishment of a global and comprehensive network with respect to the recognition and enforcement of foreign judgments.