On the Recognition and Enforcement of Foreign Civil and Commercial Judgments - the Coordination Between the Parties' Autonomy and the Public Order

摘要

The factors that affect the recognition and enforcement of foreign civil and commercial judgments include the jurisdiction of the court and the public order of the requested country. Especially when the foreign judgment is made on the basis of the parties' choice of court and the choice of law, it is necessary to consider the coordination between the party autonomy and the public order. In the design of the legal system of the recognition and enforcement foreign judgment, China should take the parties' autonomy of choices of law that is given by the Chinese procedural law and conflict laws into consideration, to restrict the reservation of public order correspondingly, in order to achieve the consistency of the recognition and enforcement of foreign judgments in the system.