正当程序原则对民商事判决域外效力的影响

正当程序是立法、行政和司法的一项重要原则,符合正当程序要求是外国判决得以承认和执行的必要条件之一,各国的国内立法和国际条约在国际民商事司法合作领域都对正当程序原则的适用进行了界定,我国国内立法目前尚没有明确的规定,双边民商事国际司法协助条约有关内容需要加以改进和完善.

Effect of Due Process on the Validity Abroad of Civil and Commercial Judgments

Due process is a very important principle in legislation,administration and judicature.Conforming to the due process is one of the requirements according to which a judgment may be recognized and executed abroad,and both internal law and international law have introduced the principle of due process and have specified relevant requirements.Current law of China,having not yet specified the principle of due process,makes a room for improvement,as well as bilateral treaties approved by China.