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Recognition and Enforcement of Foreign Judgments in China

https://doi.org/10.17803/2311-5998.2025.127.3.162-170

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. 

About the Author

O. F. Zasemkova
Kutafin Moscow State Law University (MSAL)
Russian Federation

Olesya F. Zasemkova, Associate Professor of the Chair of Private International Law, Cand. Sci. (Law)

9, ul. Sadovaya-Kudrinskaya, Moscow, 125993



References

1. Brand R. Recognition of Foreign Judgments in China: The Liu Case and the Belt and Road Initiative // Journal of Law and Commerce. — 2018. — Vol. 37. — No. 1. — P. 29—48.

2. Gu W. China`s Approach to Recognition and Enforcement of Foreign Civil and Commercial Judgments and International Litigation Capacity Building // The Journal of Comparative Law. — 2020. — Vol. 15. — Is. 2. — P. 264—291.

3. Huang J. Reciprocal Recognition and Enforcement of Foreign Judgments in China: Promising Developments, Prospective Challenges and Proposed Solutions // Nordic Journal of International Law. — 2019. — Vol. 88. — Is. 2. — P. 250—279.

4. Zhang W. Recognition and Enforcement of Foreign Judgments in China: A Call for Special Attention to Both the Due Service Requirement and the Principle of Reciprocity // Chinese Journal of International Law. — 2013. — Vol. 12. — Is. 1. — P. 143—174.

5. Zhang W. Recognition and Enforcement of Foreign Judgments in China. — 2014. — 392 p.


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For citations:


Zasemkova O.F. Recognition and Enforcement of Foreign Judgments in China. Courier of Kutafin Moscow State Law University (MSAL)). 2025;1(3):162-170. (In Russ.) https://doi.org/10.17803/2311-5998.2025.127.3.162-170

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)