The Reciprocity Principle in Recognition and Enforcement of Foreign Judgements: Dilemma and Solutions

Abstract

In China's judicial practice, de facto reciprocity is the underlying principle for recognition and enforcement of civil and commercial judgments and rulings by foreign countries with which China has not concluded bilateral or international treaties. The principle of reciprocity, now widely considered the key basis for recognition and enforcement of foreign judgments, should be reviewed since misuse of this principle may incur revanchism or impede the smooth enforcement of judgments. Based on the implementation of reciprocal recognition and enforcement of foreign judgments in China, the varied interpretations of judicial practice are critically analyzed, and suggestions for legislative and judicial practice are proposed from six perspectives including jurisdiction, due process, and legitimacy of judgments. The present work is intended to improve China's system of recognition and enforcement of foreign judgments and enhance China's image in international judicial practice.