RECOGNITION AND ENFORCEMENT OF FOREIGN
NON-MONETARY JUDGMENTS IN CHINA
ZHANG Wenliang
【期刊名称】《中国高等学校学术文摘·法学》 【年(卷),期】2018(013)002
【摘要】Transboundary recognition and enforcement of judgments is of increasing practical significance and it draws a great deal of efforts at various levels.However,the efforts already made are predominantly in relation to cross-border movement of monetary judgments,leaving non-monetary judgments beyond recognizability.Investigation into China's legislation and adjudication reveals that there is no distinction made
between
recognition
of
monetary
and
non-monetary
judgments,and practice also ignores such a distinction.Following the trend of embracing non-monetary judgments within the scope of recognizablility,China's
standpoint
seemingly
appears
to
be
desirable,although the long-standing non-differentiation of monetary and non-monetary judgments is not presumed to be originally out of promoting recognition and enforcement of foreign non-monetary judgments in China.It is submitted that for promoting recognition and enforcement of foreign non-monetary judgments,China shall introduce independent rules in order to facilitate the circulation of such judgments,which merits a special treatment.For parties to seek the
RECOGNITION AND ENFORCEMENT OF FOREIGN NON-MONETARY JUDGMENTS IN CHINA
