Author
Dr WANG Lu
Organisation/Institution
China University of Political Science and Law (CUPL)
Country
CHINA
Panel
Private International Law
Title
Study on the effectiveness of foreign judgments from the perspective of foreign-related rule of law
Abstract
On January 1, 2024, the newly amended Civil Procedure Law of the People's Republic of China, which was revised during the Fifth Session of the Standing Committee of the Fourteenth National People's Congress, officially came into effect. Notably, the fourth part, "Special Provisions on Foreign-Related Civil Litigation Procedures," saw significant enhancements as a focal point of these amendments. This legislative milestone in the field of foreign-related law aims to align with the strategic initiative of synergistically advancing "domestic rule of law and foreign-related rule of law." It is designed to serve the broader context of China's high-level opening-up policy and to better safeguard national sovereignty, security, and development interests. The amendments address key aspects such as jurisdiction over foreign-related civil cases, foreign-related service, overseas investigation and evidence collection, and the recognition of the effectiveness of foreign judgments. They are intended to equally protect the legitimate rights and interests of both Chinese and foreign parties, enhance the quality and efficiency of the trial of foreign-related civil cases in China, boost the global influence of China's dispute resolution mechanisms, and provide robust support for the construction of a foreign-related legal system. The connection between foreign-related rule of law and the effectiveness of foreign judgments is intimate. The development of foreign-related rule of law sets legislative, judicial, and enforcement standards for determining the effectiveness of foreign judgments. This approach respects the sovereignty of the country entering the judgment, reduces barriers to the judgment's enforcement in the requested country, and fosters the cross-border recognition and enforcement of judgments. The recognition and enforcement of foreign judgments in the requested country can stimulate the prosperity and development of cross-border civil and commercial interactions, thereby aiding in the construction of a robust foreign-related rule of law. Systematic improvements to the rules on the effectiveness of foreign judgments in both international conventions and domestic laws are necessary to further refine this framework.
Biography
WANG Lu Lecturer at China University of Political Science and Law， PhD in Law, Tsinghua University， research areas include International Civil and Commercial Litigation, Private International Law, Air and Space Law.
