Chinese expert Prof. Yongping Xiao indicates, if China wishes to promote the Belt and Road Initiative (BRI), improvements in the international credibility of the Chinese judiciary is required.
In order to urge the judgment debtor to fulfill the payment obligation determined in an effective legal instrument and also to prevent his/its property from being reduced by consumption, Chinese courts may restrict the judgment debtor on high-level consumption as well as the relevant consumption not necessary for livelihood or business operation.
How to Review the Service Procedure in Recognition and Enforcement of Foreign Judgments in China: Voice of Chinese Judges
The service procedure is one of the key matters reviewed by Chinese courts in the recognition and enforcement of foreign judgments. There is no specific stipulation in China, at present, about how to review the procedure of services. Nevertheless, we attempt to learn the practices by Chinese courts from relevant decided cases.
If a judgment debtor refuses to fulfill the obligations specified in a legal document, a Chinese court may take the following fourteen (14) execution measures.
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.
The data of Chinese courts based on the annual Report of China's Supreme People's Court (SPC), delivered by SPC President Zhou Qiang at a meeting of the 13th National People's Congress (NPC) on 9 March 2018.
Chinese courts have long been faced with the difficulty of civil judgments being effectively enforced. However, in recent years, Chinese courts have undertaken various measures, which lead to significant efficiency gains in the enforcement.
For decades, China has adopted rigorous criteria for the recognition and enforcement of civil and commercial judgments rendered by a foreign court. However, the situation will undergo considerable changes.