Research on the Enforcement of Foreign Judgments

1、Introduction
Since the end of last century, with the increasing frequency of international activities and the overwhelming trend of integrated economy in the world, countries have been inclined to accept and enforce the judgment having been made by his counterpart country, which have formed an important law to ensure the freedom of international economy. T he practice, recognizing and enforcement of the judgment made by the other country, is a necessary to get the international dispute settled, also it take the part as the ultimate return of the international civil action procedure as the whole. If the judgment produced by a country fails to receive the recognition and enforcement from the other countries, it shows that the lawsuit procedure lose its actual significance.
There are four treaties available to deal with the acceptance and enforcement of foreign judgment. The four covenants are as followings: Domestic Legislation, Bilateral Mutual Legal Assistance Treaty (in brief MLAT), District Mutual Legal Assistance treaty and General International covenant. For example, Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, established by European Economic Community in Brusel, September 27,1968, at the aim of implementing the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals, considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements. For the purposes of this Convention, `judgment' means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court. A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required. Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognized. A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.
The recognition and enforcement of foreign judgment is not only highly looked in the field of Civil and Commercial Law but also turn into a indispensable tool to crack down the criminals when the countries recognition and have mutual recognition of foreign judgment, as international, trans-nation and domestic crime and criminals have an significance increase. Recognition of judgment given by the contracting states play a pretty important role in the distinction of different kinds of crimes and criminals. Under the macro atmosphere of world multi-polar, integrated economy as well as overwhelming Internet waves, at the aim of maintaining the peace of the world, it has been the key to the research of international law that we should recognize and enforce the foreign judgments.
This article concludes three parts.
The first part analyzes the theory of basic international judgments. The recognition and enforcement of foreign judgment refer to : A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required, a judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there further more, the part of compulsory enforce shall be enforced in the domestic country.
According to the principle of sovereignty, countries which each has the equal social status enjoy independent jurisdiction and the judgment given by a country only take effect in its own domain, none of the country has the obligation to recognize and enforce the judgment given by another country. Every country has its own will.
Second part analyzes the enforcement of foreign judgment. Since the establishment of the International Court of Justice, a lot of achievements have been made to ensure the fairness and of it. For instance, the ninth article under Convention International Court of Justice stipulates that the judge with the international court of justice should boast his noble character, he must qualified for the highest jurisdiction appointment in different nations or must be elected by the well-known legal experts. In addition to this, the ninth article under Convention International Court of Justice stipulates that the body of judge with the international court of justice should represent the main culture and law system in the world.

Third part of the article reveals the conditions of acknowledgement and persecutions of foreign judges in China.
According to the 268 regulation in China's civilian lawsuit, the court in China, after the supervision on the basis of reciprocal benefits or the international treaty for the judges made by foreign courts that have applied for persecution, could acknowledge the force on the condition that the judges do not disobey fundamental principles or challenge the public benefits of the nation, safety and social public interests. All the judges that disobey the fundamental principles of challenge the sovereignty, safety and social public interests could never be acknowledged or persecuted.
China's civilian lawsuit has not regulated on the problem whether the foreign court has the governing rights or not should be under supervision when China's court acknowledge and persecute the judgments of foreign court. The No. 267 and 268 regulation of the civilian lawsuit in China has advanced that only the judgments that have exerted impact made by foreign courts could be persecuted by China's court.
China's civilian lawsuit does not regulate on the judgments that have not been acknowledged or persecuted. The bilateral law assistance treaty between China and the foreign countries has related regulations. These treaties include the above conditions of governing rights, which have obeyed the ordinary governing treaties.