承认与执行外国判决中的体系缺陷理由分析

Analysis of Systemic Inadequacy in Recognition and Enforcement of Foreign Judgments

2021年美国纽约州法院就上海雍润公司诉喀什星河公司案以存在司法体系缺陷为由拒绝承认、执行中国法院的有效判决,这使得双方判决间的承认与执行可能呈现不明确化的倾向。作为拒绝承认外国判决的强制性理由之一,体系缺陷存在违背政治问题原则的合宪性嫌疑,实务中多数法官对该审查持较为抗拒的态度。雍润案可作为中国司法主体深入了解体系缺陷抗辩的契机。权利人可在适当情形下援用体系缺陷抗辩以维护自身利益,在应对该抗辩时从不方便法院决定、其他政府报告、国际组织文件等方面展开有效的反驳工作。中国法院也可考虑在国际条约和互惠原则的基础上,将体系缺陷审查纳入不违反中国法律原则的解释之中,在保护当事人合法权益的同时,传达中国对正当程序价值的重视。

In 2021, the Supreme Court of New York State of the United States refused to recognize and enforce the valid judgment of Chinese courts in the case of Shanghai Yongrun Company v. Galaxy Kashi Company on the grounds that there were defects in the judicial system, which made the recognition and enforcement of the judgments between the two parties tend to be ambiguous. As one of the mandatory grounds for refusing to recognize foreign judgments, the systemic inadequacy causes suspicion of constitutionality that it violates the principle of political question, and most judges hold a relatively resistant attitude to its review in practice. The Yongrun case can be taken as an opportunity for the judicial body of our country to deeply understand the defense of systemic inadequacy. The right holder can invoke the defense under appropriate circumstances to protect their own interests, and when dealing with the defense, they can carry out effective rebuttal work from non forum decisions, other government reports, documents of international organizations, etc. Chinese courts may also consider, on the basis of international treaties and the principle of reciprocity, to incorporate the review of systemic inadequacy into the connotation of not violating the legal principles of our country. While protecting the legitimate rights and interests of the parties, it is expected to convey our country’s emphasis on the value of due process.