互惠原则在判决承认与执行上的缺陷

Defects of the Reciprocal Principle in recognition and enforcement of judgments

由于各国在判决的相互承认与执行上缺乏条约关系,因而基本上都坚持了互惠原则,以此来希望别国能够对本国法院判决进行承认与执行。但是,由于互惠原则自身的缺陷、互惠机制运用上的复杂多样性以及在国内法中规定互惠所存在的相互不信任,因而,互惠原则很难在判决的承认与执行上发挥积极的作用。

Because there is no treaty of recognition and enforcement, the Reciprocal Principle is stipulated in law of almost eountries, which is in order to make other countries recognize or enforce one＇s judgments. But in fact, the principle cannot play positive role for recognition or enforcement of judgments. Because of its defects which are embodied by the defect of itself, the complexity of its application and no trust between countries which apply the principle, which is stipulated in its internal law.