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International Journal of Frontiers in Sociology, 2024, 6(8); doi: 10.25236/IJFS.2024.060815.

Analysis of the Recognition and Enforcement of Foreign Judgments by Chinese Courts: Under the Belt and Road Initiative

Author(s)

Su Che

Corresponding Author:
Su Che
Affiliation(s)

Shanghai University of Political Science and Law, Shanghai, China

Abstract

According to the principle of territorial sovereignty in international law, a country's judgment typically only takes effect within its own territory. For a domestic judgment to be effective in a foreign country, it must undergo the recognition and enforcement process of the foreign court. Each country has its own legal framework and procedures for dealing with foreign judgments, often influenced by international treaties, bilateral agreements, and domestic legislation. Currently, as China has not ratified relevant international treaties and has few bilateral judicial assistance treaties, the reciprocity principle plays an important role for courts to recognize and enforce foreign judgments. However, legislative deficiencies in China's legal system narrow the application of the reciprocity principle, hindering effective reciprocal results. Meanwhile, the Belt and Road Initiative demands higher standards for regional civil and commercial exchanges. Therefore, efforts should focus on establishing a broader Belt and Road judicial cooperation system. This includes actively negotiating with Belt and Road countries that have not signed civil judicial assistance agreements with China and increasing the numbers of bilateral judicial assistance agreements. Meanwhile, the reciprocity principle should be enhanced in legislation by focusing on detailed provisions, creating a comprehensive and efficient framework, and the standards and procedures for recognizing reciprocal relationships should be clearly defined. This will offer robust legal assurances for the seamless recognition of foreign judgments in Belt and Road countries, thereby boosting China's international judicial credibility.

Keywords

Recognition and enforcement, foreign judgement, Belt and Road Initiative, Reciprocity Principle

Cite This Paper

Su Che. Analysis of the Recognition and Enforcement of Foreign Judgments by Chinese Courts: Under the Belt and Road Initiative. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 8: 85-90. https://doi.org/10.25236/IJFS.2024.060815.

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