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International Journal of Frontiers in Sociology, 2023, 5(13); doi: 10.25236/IJFS.2023.051310.

Research on Judicial Practice of China's Recognition and Enforcement of Foreign Court Judgments under “The Belt and Road” Initiative

Author(s)

Luo Yaxin

Corresponding Author:
Luo Yaxin
Affiliation(s)

Shipping Management and Law, Shanghai Maritime University, Shanghai, China

Abstract

There are still certain deficiencies in China's judicial practice regarding the recognition and enforcement of foreign court’s civil and commercial judgments. In terms of institutional practice, judicial interpretations regarding recognition and enforcement have not been promulgated and implemented. In terms of judicial practice, courts at all levels attach importance to the review forms, jurisdictional review, and determination of reciprocal relationships in applications, resulting in numerous practical achievements. Under the Belt and Road Initiative, China can further improve the judicial practice of recognizing and enforcing foreign court judgments by clarifying jurisdictional review standards, defining reciprocal relationship assessment criteria, and increasing guiding cases, thus expanding the scope of international judicial assistance under the Belt and Road Initiative. It is of great and far-reaching significance for China to build a strong maritime country, to build the "Belt and Road" initiative, to promote the building of a community of human destiny, and to push forward the opening up of the country to the outside world at a higher level of quality.

Keywords

foreign court judgments; recognition and enforcement; judicial interpretations; typical cases

Cite This Paper

Luo Yaxin. Research on Judicial Practice of China's Recognition and Enforcement of Foreign Court Judgments under “The Belt and Road” Initiative. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 13: 52-58. https://doi.org/10.25236/IJFS.2023.051310.

References

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[4] Fan Bingyi. Empirical Study on Application of the Principle of Reciprocity for Recognition and Enforcement of Foreign Judgments in China, Journal of International Economic Law, 2021(03), p. 122-127.