涉及惩罚性赔偿的外国判决的承认与执行

各国在惩罚性赔偿问题上的分歧立场，使得涉及惩罚性赔偿的外国判决在实践中经常遭遇困境：一些国家拒绝承认和执行。但不可否认的是，越来越多的国家已不再一概地拒绝涉及惩罚性赔偿的外国判决，而是根据案件的具体情况对其做出不同的处理。我国法院在审查此类外国判决时，也应综合考虑判决的缘由、惩罚性赔偿的支付对象、数额等因素。为协调各国在涉及惩罚性赔偿的外国判决的承认和执行问题上的立场，海牙《民商事管辖权及外国判决公约》（草案）就此问题做出了规定。

Recognition and Enforcement of Foreign Judgment Concerning Punitive Damage

Because of the divergence in punitive damage among different countries, the recognition and enforcement of foreign judgments concerning punitive damage are always in trouble: many countries refuse to recognize and enforce such kind of foreign judgments. However, more and more countries adopt a much reasonable way to determine the fate of foreign judgment concerning punitive damage, that is, whether the foreign judgment could be recognized or not is depended on the circumstance of the case. For Chinese courts, it is reasonable to consider several factors, including the cause of action, the beneficiary and the amount of punitive damage, while determining the issue of recognizing and enforcement of foreign judgment. In order to coordinate the divergence in recognition and enforcement of foreign judgment concerning punitive damage, Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters designs a special provision on the issue.