关键词: 一带一路, 司法保障, 外国民商事判决, 承认与执行

Abstract:

 China’sBelt and Road Initiative is an epochmaking strategy in response to profound global changes,aiming at coordinating the international and domestic situation. As an inevitable result of “going out” economic strategy, the initiative also demonstrates China's growing international influence and willingness to bear more international responsibility as a great nation. The cobuilding of the Initiative requires China to efficiently conduct judicial assistance in international civil and commercial affairs. At present, the principle of substantial connection in China is too narrow; the scope of exclusive jurisdiction is relatively broad; it is partial to our own partieswhen dealing with parallel proceedings; the longestablished “factual reciprocity” and existing bilateral judicial assistance treaties have obviously failed to meet practical needs.Therefore, given the background of the Belt and Road Initiative and the reality of China’s present legislative and judicial safeguard, China should optimize and perfect relevant judicial system, establish judicial concepts in accordance with a great nation,actively dilute the concept of judicial sovereignty and reduce the scope of exclusive jurisdiction. Meanwhile, China should draw lessons from the advanced practices at home and broad, establish a global strategy with open mind, value the participation in making international rules and consolidate the international political basis of the Initiative so as to elevate the international influence and public trust of China’s judicature.
 

Key words: Belt and Road Initiative, judicial guarantee, recognition and enforcement, judgment in foreign civil and commercial affairs