중국 국제도산제도상의 호혜원칙에 대한 고찰

Abstract

China’s current bankruptcy law stipulates only the principle of reciprocity in principle. In the previous judicial practice, since reciprocal relationship, also known as factual reciprocity, was a strict interpretation of the principle of reciprocity, Chinese courts barely had cases regarding direct approval and execution of foreign courts’ bankruptcy judgment and adjudication based on reciprocity. The principle of reciprocity in China’s international insolvency system has been constantly improved and supplemented. Beginning with the principle of “factual reciprocity”, the principle of reciprocity gradually developed to “promoting the formation of a leading and active reciprocal relationship”, “estimated reciprocity” and “searching for a new way of applying the principle of reciprocity”. In light of these facts, it can be seen that Chinese courts have gradually adopted an open attitude towards judicial cooperation, and the interpretation of the principle of reciprocity has also changed from a conservative and strict interpretation to a more active and flexible one. The main content of this thesis is to summarize the legal provisions related to the application of the principle of reciprocity in China, and the points that require improvement and supplementation in relation to the principle of reciprocity recognized by the Chinese courts. In the last part of the thesis, by introducing how the judicial application of the principle of reciprocity was made in related cases, we hope to provide implications for researchers who are willing to study the principle of reciprocity in China’s international insolvency system.