论对等原则

On the Principle of Reciprocity

对等原则是国际民事诉讼的一项特有原则,也是一项消极平等待遇原则,具有一定解纷功能。对等原则因国际社会之不完善而在各国民诉立法中得以广泛确立,但在适用上却存在萎缩之势;由于对等原则的非理性,其适用必须予以规范化。

The principle of reciprocity is a special one of international civil procedures,also a rule of negtive equal treatment,with some functions which solve dispute. The principle of reciprocity is regulated in civil procedure laws of many countries but its function became less and less in practice because of perfectless of the international community.We must normalize this principle because of its unreasonalities.