What is the concept of recognition and enforcement of foreign court judgments?

The so-called recognition and enforcement of foreign court judgments refers to the legal recognition and enforcement of judgments made by courts in other countries on an international civil and commercial case based on international treaties or reciprocity and at the request or application of foreign courts or relevant parties. After an international civil and commercial case is accepted by the court of the relevant country, the case is heard and a judgment is made, and then the question of how to implement the judgment is raised. Enforcement of judgment is the ultimate goal of litigation proceedings, which is particularly important in international civil litigation.

Recognition of foreign court judgments and enforcement of foreign court judgments are two concepts that are both related and different. On the one hand, recognition of foreign court judgments is a prerequisite for the enforcement of foreign court judgments. Only by recognizing the judgment of a foreign court can the issue of enforcement of the judgment of the foreign court be raised. Enforcement of the judgment of the foreign court means that the judgment of the foreign court has been recognized. On the other hand, recognition of a foreign court judgment does not necessarily mean enforcement of the foreign court judgment. For some foreign judgments, recognition alone may be sufficient.

Beijing accepts applications for enforcement of foreign court judgments for the first time

After joining the WTO, foreign court judgments on economic dispute cases Start entering the door of the Chinese court. The Beijing Second Intermediate People's Court recently accepted for the first time a case in which a foreign court applied for the recognition and enforcement of that country's court judgment.

The Supreme Economic Court of the Republic of Belarus applied to the Second Intermediate Court. The letter stated that according to the judgment of the Supreme Economic Court of the Republic of Belarus on Case No. 2-4/99 on November 10, 1999, the state-mandated litigation tax of US$756.92 should be collected from China Machine Tool Corporation and turned over to the state treasury. Please allow execution within the territory of the People's Republic of China. this judgment.

After investigation, this judgment was made in a contract dispute case between Minsk Automatic Line Production Joint Company and China Machine Tool Corporation. The judgment stipulated that China Machine Tool Corporation should recover more than US$210,000 in contract losses and levy litigation taxes.

According to Yang Xiaoyong, President of the First Economic Division of the Second Intermediate People's Court, this is the first time that a foreign court has filed an enforcement application, which shows that foreign judicial departments are concerned about China's judicial environment. It's more trusting. After China's accession to the WTO, as transnational economic disputes increase, such cases will increase.