지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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초록· 키워드
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Recognition and enforcement of foreign judgments is a question under the regime of international judicial assistance, which requires the establishment of a corresponding system concerning the legal basis, specific elements and requirements for such recognition and enforcement, in order to make the judgments truly effective beyond their own territory. The recognition and enforcement of foreign judgments in China has its legal basis in both international law and Chinese domestic law: the former includes multilateral international civil and commercial judicial assistance conventions (e.g. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters) and bilateral legal assistance treaties with other countries such as France and Italy, the latter involves Articles 281 & 282 of PRC Civil Procedural Law (2012 Amendment) and judicial interpretations made by Chinese Supreme Court; besides, the principle of reciprocity also provides ground for such recognition and enforcement. The recognition and enforcement of foreign judgments in China is subject to certain requirements: first, the foreign court which made the judgment must have jurisdiction over the case, and situation of litigation concurrence shall not occur; second, such judgment must be final and binding in law; third, procedural elements such as applicant, accepting court, period of application, service to the parties and documents for application shall be in compliance with the law; fourth, such recognition and enforcement shall not violate the public order of China. Currently, no special rules exist concerning the enforcement of foreign judgments in China; therefore, the enforcement of a foreign judgment which needs to be enforced shall abide by relevant rules governing the enforcement of a Chinese domestic judgment set forth in PRC Civil Procedural Law. There is also a special observation regarding the recognition of foreign judgments in China concerning divorce: according to the judicial interpreations made by Chinese Supreme Court, such recognition does not require the existence of judicial assistance treaty or reciprocal relationship.
목차
一、基本??的界定和理解
二、中?法院承???行外?法院判?的法律依据
三、中?法院承???行外?法院判?的??因素
四、中?法院?外?法院判?的?行方式和要求
五、特?考察：中?法院?外?法院?婚判?的承?
《?容摘要》
《Abstract》
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UCI(KEPA) : I410-ECN-0101-2016-316-001069925