Recognition and Enforcement of Judgments between China and the United States:Current Status,Dilemmas and Solutions
In the scenario where the interests between China and the United States are intricately intertwined,China has not yet developed a comprehensive system for the recognition and enforcement of US judgments.In judicial practice,there have been several mutual recognition of judgments between the two countries,but the discrepancies between legal theories and judicial practice still affect future recognition.The US system accentuates strong unilateralism,and the political influences reflected in judgment renders the outcome highly uncertain.In China's practice,Chinese court continued applied the de facto reciprocity standard in recognizing US judgment.Due to the supporting mechanisms in various aspects like legislation have not been further enhanced and the lack of comprehension of the US system,there are limitations of the principle of reciprocity in the process of judicial recognition and enforcement of judgments between China and the United States,which demands an urgent solution.Clarifying the applicable standards of the principle of reciprocity in the recognition and enforcement of foreign judgments in China will facilitate the smooth flow of the recognition and enforcement of court judgments between the two countries,address the deficiencies in China's foreign-related legal construction,and provide efficacious judicial protection for safeguarding China's sovereignty,security,core interests,and the legitimate rights and interests of the parties.
recognition and enforcement of foreign judgmentsreciprocityinternational comityde facto reciprocityde jure reciprocity
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