Recognition and Enforcement of Foreign Judgments in China

Based on the basic principles of the science of private international law, analysis of court practice and rules of bilateral agreement on legal assistance in civil and criminal matters, concluded between the Russia and China, the author analyzes the peculiarities of recognition and enforcement of foreign judgments in China. Because of the analysis, the author concludes that China makes efforts to the simplification of the procedure of recognition and enforcement of foreign judgments. This conclusion is confirmed by the introduction of relevant amendments to the Chinese Code of Civil Procedure and the adoption of clarifications and guiding decisions by the Supreme People’s Court of China. Particular attention is paid to the approach of Chinese courts to establishing the existence of reciprocity.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2025-04-29
DOI
https://doi.org/10.17803/2311-5998.2025.127.3.162-170
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

Recognition and Enforcement of Foreign Judgments in China

O. F. Zasemkova
Courier of Kutafin Moscow State Law University (MSAL)
Conflict of Laws and Jurisdiction
article

Recognition and Enforcement of Foreign Judgments in China

O. F. Zasemkova
article en

Abstract

Based on the basic principles of the science of private international law, analysis of court practice and rules of bilateral agreement on legal assistance in civil and criminal matters, concluded between the Russia and China, the author analyzes the peculiarities of recognition and enforcement of foreign judgments in China. Because of the analysis, the author concludes that China makes efforts to the simplification of the procedure of recognition and enforcement of foreign judgments. This conclusion is confirmed by the introduction of relevant amendments to the Chinese Code of Civil Procedure and the adoption of clarifications and guiding decisions by the Supreme People’s Court of China. Particular attention is paid to the approach of Chinese courts to establishing the existence of reciprocity.

Courier of Kutafin Moscow State Law University (MSAL)Vol. 1(3)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 89%
Conflict of Laws and Jurisdiction
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