THE APPLICATION OF RECIPROCITY PRINCIPLE IN CHINA’S RECOGNITION AND ENFORCEMENT OF FOREIGN CIVIL AND COMMERCIAL JUDGMENTS

Abstract

With the increase of transnational economic and trade as well as civil and commercial exchanges, the importance of the recognition and enforcement of civil and commercial judgments between countries has become more and more pronounced. The reciprocity principle is an important basis for recognition and enforcement, and China has adopted a relatively single, strict standard of de facto reciprocity in judicial practice. However, China has taken a proactive approach to the application of reciprocity, promptly following the precedents set by foreign courts on recognition and enforcement, and has introduced a series of judicial policies to promote the flexible and liberal application of the reciprocity principle. It has also summarized and clarified the thinking on the adjudication of the reciprocity principle, promptly responding to difficulties and irregularities in practice and showing good prospects for the recognition and enforcement of foreign judgments in China. China still needs to establish the rules for the application of the reciprocity principle in the form of law, regulate judicial operations more, and dovetail with international conventions and bilateral judicial assistance treaties to establish a sound system for the recognition and enforcement of foreign civil and commercial judgments and better promote the circulation of global judgments.