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International Law Forum - He Qisheng: Transnational Improvement of Justice
发布者: 发布时间:2018-10-18 17:03阅读:

On the afternoon of November 1, 2012, Professor He Qisheng from Wuhan University gave a lecture on the theme of “Transnational Access Justice: Sanlian v. Robinson” to the teachers and students of the International Law Institute.

 

He Qisheng first introduced the case of Sanlian v. Robinson. The case was the first case where a US court recognized and enforced a Chinese court decision. The Chinese judgment in the case was made by the Higher People's Court of Hubei Province and finally recognized and enforced by the US Ninth Circuit Court.

 

He Qisheng believes that the case has the following problems: First, excessive delay, trial and execution lasted for 17 years. The three most time-consuming procedures are: inconvenient court issues (3 years); extraterritorial delivery (3 years and 1 month); recognition and enforcement of judgments (5 years). Second, litigation costs are expensive. In the long process of litigation, both parties have paid a large amount of litigation costs. The third is the low judicial efficiency. Since the case has not been announced, it is impossible to become a jurisprudence and it is difficult to form reciprocity, but the positive significance of the case cannot be denied.

 

By comparing the judgment and enforcement system between China and the United States, the inconvenient court principle and the extra-territorial delivery system, He Qisheng believes that in the absence of a treaty, due to the difference in the judgment recognition and the enforcement system, it is largely possible that the judgments of both parties cannot be recognized and enforced by the other court. In terms of extraterritorial delivery, the safest route of delivery between the two countries is the central authority route stipulated in the 1965 Hague Convention on Delivery, but this approach usually takes a long time. In order to avoid the above procedural obstacles, in the case where the defendant has no property in the country where the victim is located, the plaintiff's best choice is to sue in the local court of the defendant residence.

 

After that, He Qisheng explored the way to improve the party's cross-border relief from three aspects: the choice of court, comity or reciprocal path between the courts, the bilateral or multilateral treaty path between the state and the state, and considered that the multilateral treaty path is the best solution to this problem.

 

After the report, Professor Yu Minyou, Professor Nie Jianqiang, Professor Yi Xianhe, Professor Zhang Qinglin, Associate Professor Shi Lei, Associate Professor Xiao Jun, Associate Professor Cui Xiaojing, Associate Professor Qiao Xiongbing and some students commented on He Qisheng’s report or proposed some problems. Associate Professor Qi Zhu, Associate Professor Du Zhihua, and Dr. Liang Wenwen attended the report of He Qisheng. The report ended in a lively discussion.