How can judgments or rulings of foreign courts be recognized and enforced in China?

In international civil litigation, a judgment or ruling made by a court of one country that becomes effective or enforceable within the territory of another country is called recognition and enforcement of a judgment or ruling made by a foreign court. The recognition and enforcement of judgments and rulings of foreign courts is a matter of both distinction and connection. The difference lies in recognizing the judgments and rulings of foreign courts, where a court of one country confirms that the judgments of foreign courts have effect in its own country; The execution of judgments and rulings of foreign courts refers to the execution of judgments and rulings of foreign courts by a country's courts in accordance with the procedures prescribed by its own laws. 

Recognition of foreign court rulings does not necessarily result in enforcement issues. The connection lies in the fact that recognition is a prerequisite for enforcement, and without first confirming the effectiveness of foreign court judgments and rulings, there is no basis for enforcement. The recognition and enforcement of judgments and rulings of foreign courts is an important aspect of judicial assistance. A sovereign state always makes provisions in its own law on how to recognize and enforce judgments and rulings of foreign courts. The Civil Procedure Law of China stipulates the following conditions for the recognition and enforcement of judgments and rulings of foreign courts:

1. International treaties concluded or jointly participated in by the country where the foreign court is located and China, or have a reciprocal relationship.

2. If a party (either Chinese or foreign) directly applies to an intermediate people's court with jurisdiction in China, or a foreign court makes a request to a Chinese court in accordance with the provisions of an international treaty or a reciprocal relationship between the country and China, without the application of the party or the request of a foreign court, the people's court cannot voluntarily recognize and enforce the judgment of a foreign court.

3. The recognition and enforcement of this judgment and ruling shall not violate the basic principles of the laws of the People's Republic of China or the sovereignty, security, or public interests of the country. If an application or request for recognition or enforcement of foreign court judgments and rulings is reviewed and found to comply with the principles stipulated by law and does not violate national sovereignty, security, or social public interests, the people's court may recognize its validity in the form of a ruling and issue an enforcement order, which shall be executed in accordance with the enforcement procedures stipulated in China's civil litigation regulations. Although the content of such enforcement is a judgment or ruling of a foreign court, due to the use of Chinese legal documents to confirm its effectiveness, in a certain sense, the people's court enforces its own legal documents, rather than foreign legal documents.

If you have any legal issues regarding foreigners in China, or related legal provisions regarding foreigners working in China, you can contact our lawyer for consultation. Hotline: +86-400-057-3132 or +86-13530053568

Promise-U Law Firm of Guangdong was founded in 2002,now has about 500 qualified lawyers and rated the NO. 1 in Luohu District and among top 10 most best & famous law firms in Shenzhen,China.