The frequent business transactions between China and South Africa have resulted in large quantities of civil and commercial disputes, the ultimate resolution of which requires a feasible recognition and enforcement me...The frequent business transactions between China and South Africa have resulted in large quantities of civil and commercial disputes, the ultimate resolution of which requires a feasible recognition and enforcement mechanism of the judgments from each other’s court. It can be seen from the comparison of their recognition and enforcement systems that there are still some obstacles in the recognition and enforcement of judgment from each side. To overcome such obstacles, the convergence of the recognition and enforcement systems between both sides is unavoidable. Both sides may create a favorable environment for the judgments’ recognition and enforcement by harmonizing their domestic laws,concluding bilateral judicial assistance treaties in civil and commercial matters,as well as acceding to the multilateral treaties on recognition and enforcement,taking into account of their current development in such an area. Currently, it will be preferred to make institutional arrangement for the recognition and enforcement of judgments between China and South Africa by concluding bilateral judicial assistance treaties in civil and commercial matters..展开更多
The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international...The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.展开更多
基金part of the research project sponsored by China National Social Sciences Fund(Project No.19VJX062)
文摘The frequent business transactions between China and South Africa have resulted in large quantities of civil and commercial disputes, the ultimate resolution of which requires a feasible recognition and enforcement mechanism of the judgments from each other’s court. It can be seen from the comparison of their recognition and enforcement systems that there are still some obstacles in the recognition and enforcement of judgment from each side. To overcome such obstacles, the convergence of the recognition and enforcement systems between both sides is unavoidable. Both sides may create a favorable environment for the judgments’ recognition and enforcement by harmonizing their domestic laws,concluding bilateral judicial assistance treaties in civil and commercial matters,as well as acceding to the multilateral treaties on recognition and enforcement,taking into account of their current development in such an area. Currently, it will be preferred to make institutional arrangement for the recognition and enforcement of judgments between China and South Africa by concluding bilateral judicial assistance treaties in civil and commercial matters..
基金one of the interim results of “Research on the ‘Belt and Road Initiative’ and Legal Cooperation,” supported by the MOE Major Project of the Key Research Institute of Humanities and Social Sciences at Universities(No.:16JJD820009)
文摘The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.
