Application Dilemma of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments
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Application Dilemma of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments

Kai Zheng 1*
1 Shenzhen University
*Corresponding author: 2021030061@email.szu.edu.cn
Published on 13 August 2025
Volume Cover
LNEP Vol.110
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-80590-297-3
ISBN (Online): 978-1-80590-298-0
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Abstract

With the continuous advancement of the "Belt and Road" Initiative (hereinafter referred to as "B&R"), the issue of the recognition and enforcement (hereinafter referred to as R&E) of foreign court judgments in our country has gradually become the focus of judicial practice and theoretical research. The principle of reciprocity (hereinafter referred to as PoR) plays a key balancing role in safeguarding national judicial sovereignty and promoting international judicial cooperation. This paper systematically studies the application dilemmas of the PoR in China, with a focus on discussing the legitimacy foundation of the PoR and who bear the responsibility of proof reciprocal relationships. The research finds that the PoR not only safeguards the equality of national sovereignty, but also promotes the construction of judicial trust, and guarantees the predictability of international commercial AC. T The ambiguity and inconsistency issues in the current judicial practice on how the burden of proof is divided are revealed, and it is clarified that the first burden of proving the existence of a reciprocal connection should rest with the applicant. In response to the existing issues, a systematic improvement scheme is proposed: at the legislative level, to clarify diversified qualification standards and rules of proof; at the judicial level, to construct a tiered review mechanism; at the level of international cooperation, to weaken reciprocal reliance through treaties; and to build a cross-border shared databases from the perspective of technical assistance.

Keywords:

principle of reciprocity, recognition and enforcement of foreign judgments, burden of proof, the "Belt and Road".

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Zheng,K. (2025). Application Dilemma of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments. Lecture Notes in Education Psychology and Public Media,110,64-71.

References

[1]. Tang, Z. (2024) Concise Private International Law. China University of Political Science and Law Press.

[2]. Chang, J. and Liu, Q. (2023) Review Standards for Recognition of Foreign Insolvency Proceedings: Taking the First Case in Mainland China of Recognizing Foreign Insolvency Proceedings Based on Reciprocity of Applicable Laws as an Example. Application of Statutes (09), 126-138.

[3]. Feng, Z.H. (2023) Research on the Proof of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments. International Journal (02), 131-153+158.

[4]. Li, W. (2022) On the Principle of Reciprocity for the Recognition of Foreign Court Judgments. Nanjing University Law Journal (01), 1-17.

[5]. Liu, Y.J. and Chen, W.S. (2020) Application of the Principle of Reciprocity in the Field of China's Recognition and Enforcement of Foreign Judgments under the Belt and Road Initiative. Journal of Xinjiang University (Philosophy, Humanities & Social Sciences) 48(04), 32-41.

[6]. Ma, M.F. and Cai, S.Y. (2019) The Principle of Reciprocity in China's Recognition and Enforcement of Foreign Judgments: Dilemmas and Solutions. Politics and Law (03), 121-134.

[7]. Kronke, H., Nacimiento, P., Otto, D. and Port, N.C. (2024) Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention. Kluwer Law International.

[8]. De Miguel Asensio, P. and Trimble, M. (2021) Recognition and Enforcement. Journal of Intellectual Property, Information Technology and Electronic Commerce Law 12, 74-89.

[9]. Chong, A. (2020) Moving Towards Harmonisation in the Recognition and Enforcement of Foreign Judgment Rules in Asia. Journal of Private International Law 16(1), 31-68.

[10]. Fan, B.Y. (2021) Empirical Research on the Application of the Principle of Reciprocity in China's Recognition and Enforcement of Foreign Judgments. Peking University International Law Review (03), 116-128.

[11]. Brand, R.A. (2020) Jurisdiction and Judgments Recognition at the Hague Conference: Choices Made, Treaties Completed, and the Path Ahead. Netherlands International Law Review 67, 3-17.

[12]. Gardner, M. (2021) Deferring to Foreign Courts. University of Pennsylvania Law Review 169, 2291-2349.

[13]. Van Aaken, A. and Simsek, B. (2021) Rewarding in International Law. American Journal of International Law 115(2), 195-241.

[14]. Bertolini, E. and Dawson, M. (2021) Fundamental Rights as Constraints to and Triggers for Differentiated Integration. Swiss Political Science Review 27(3), 637-653.

[15]. Kahn-Freund, O. (2024) General Problems of Private International Law. Martinus Nijhoff Publishers.

[16]. Tanaka, Y. (2021) The Legal Consequences of Obligations Erga Omnes in International Law. Netherlands International Law Review 68(1), 1-33.

References

[1]. Tang, Z. (2024) Concise Private International Law. China University of Political Science and Law Press.

[2]. Chang, J. and Liu, Q. (2023) Review Standards for Recognition of Foreign Insolvency Proceedings: Taking the First Case in Mainland China of Recognizing Foreign Insolvency Proceedings Based on Reciprocity of Applicable Laws as an Example. Application of Statutes (09), 126-138.

[3]. Feng, Z.H. (2023) Research on the Proof of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments. International Journal (02), 131-153+158.

[4]. Li, W. (2022) On the Principle of Reciprocity for the Recognition of Foreign Court Judgments. Nanjing University Law Journal (01), 1-17.

[5]. Liu, Y.J. and Chen, W.S. (2020) Application of the Principle of Reciprocity in the Field of China's Recognition and Enforcement of Foreign Judgments under the Belt and Road Initiative. Journal of Xinjiang University (Philosophy, Humanities & Social Sciences) 48(04), 32-41.

[6]. Ma, M.F. and Cai, S.Y. (2019) The Principle of Reciprocity in China's Recognition and Enforcement of Foreign Judgments: Dilemmas and Solutions. Politics and Law (03), 121-134.

[7]. Kronke, H., Nacimiento, P., Otto, D. and Port, N.C. (2024) Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention. Kluwer Law International.

[8]. De Miguel Asensio, P. and Trimble, M. (2021) Recognition and Enforcement. Journal of Intellectual Property, Information Technology and Electronic Commerce Law 12, 74-89.

[9]. Chong, A. (2020) Moving Towards Harmonisation in the Recognition and Enforcement of Foreign Judgment Rules in Asia. Journal of Private International Law 16(1), 31-68.

[10]. Fan, B.Y. (2021) Empirical Research on the Application of the Principle of Reciprocity in China's Recognition and Enforcement of Foreign Judgments. Peking University International Law Review (03), 116-128.

[11]. Brand, R.A. (2020) Jurisdiction and Judgments Recognition at the Hague Conference: Choices Made, Treaties Completed, and the Path Ahead. Netherlands International Law Review 67, 3-17.

[12]. Gardner, M. (2021) Deferring to Foreign Courts. University of Pennsylvania Law Review 169, 2291-2349.

[13]. Van Aaken, A. and Simsek, B. (2021) Rewarding in International Law. American Journal of International Law 115(2), 195-241.

[14]. Bertolini, E. and Dawson, M. (2021) Fundamental Rights as Constraints to and Triggers for Differentiated Integration. Swiss Political Science Review 27(3), 637-653.

[15]. Kahn-Freund, O. (2024) General Problems of Private International Law. Martinus Nijhoff Publishers.

[16]. Tanaka, Y. (2021) The Legal Consequences of Obligations Erga Omnes in International Law. Netherlands International Law Review 68(1), 1-33.

Cite this article

Zheng,K. (2025). Application Dilemma of the Principle of Reciprocity in the Recognition and Enforcement of Foreign Judgments. Lecture Notes in Education Psychology and Public Media,110,64-71.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-297-3(Print) / 978-1-80590-298-0(Online)
Editor: Renuka Thakore, Tonejit Gad-Harry
Conference website: https://www.icillp.org/Bristol.html
Conference date: 18 September 2025
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.110
ISSN: 2753-7048(Print) / 2753-7056(Online)

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