“一带一路”倡议与外国民商事判决承认及执行制度的完善

"The Belt And Road" Initiative and the Improvement on the Recognition and Enforcement System of Foreign Civil and Commercial Judgments

随着"一带一路"倡议项目的逐步推进,越来越多的沿线国家响应中国号召,积极迎接这一发展新机遇。中国欲进一步同"一带一路"沿线国家实现互联互通,应不断推进司法制度改革,改善营商环境。构建科学公正的司法体制是改善中国营商环境的重要途径,对外投融资以及引进外资都需要完备的外国民商事判决与执行制度。目前,中国尚未统一法院管辖权标准,未明确规定承认与执行外国法院判决的程序与期限,还存在互惠标准模糊等一系列问题。本文针对这些问题逐一提出解决方案,以期为中国司法体制的改革提供有益借鉴。

With the gradual progress of"The Belt And Road"initiative project,more and more countries along the belt and road have responded to China's call and actively embrace this new development opportunity.In order to achieve greater connectivity with these countries,China should further reform the judicial system and improve the business environment.The establishment of a scientific and fair judicial system is an important way to improve China's business environment.A complete foreign civil and commercial judgment and implementation system is needed both in foreign investment and financing as well as the introduction of foreign capital.At present,China has not yet unified the standards of jurisdiction of courts,has not clearly stipulated the procedures and time limit for the recognition and enforcement of foreign court judgments,and there is still a series of problems like the ambiguity of reciprocal standards.This paper proposes solutions to these problems one by one so as to provide a useful reference to the reform of judicial system in China.