The Finality Problems of Recognition and Enforcement of Foreign Judgments——From the Perspective of Judicial Practice in China
As one of the fundamental issues in the recognition and enforcement of foreign judgments,the issue of certainty plays a crucial role in whether the judgment can be successfully recognized and enforced thereof.A comparative analysis of twenty-six cases of recognition and enforcement of foreign judgments in China shows that most of the courts in China lack a clear examination of the issue of certainty of judgments in their trial practice,and the legal basis of the issue of certainty in bilateral treaties is not reflected in the decision results.The reason for this is that China lacks clear regulations on the issue of certainty of judgments,and the expressions of the elements of certainty in the concluded bilateral treaties are not the same,so the courts often do not involve in the review of the issue of certainty of judgments in their trial practice.To improve the institutional regulation of the recognition and enforcement of foreign judgments on the issue of certainty,we should proceed from clarifying the criteria for judging the elements of certainty,narrowing the gap between legislation and practice,and increasing the number of guiding cases.
Foreign JudgmentsRecognition and Enforcement of Foreign Judgmentsthe Finality Requirement of Foreign JudgmentsTypical Cases
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