Second, the legal basis
Article 268 of China's Civil Procedure Law stipulates that if a people's court finds that a legally effective judgment or ruling made by a foreign court, application or request for recognition and enforcement does not violate the basic principles of People's Republic of China (PRC) law or national sovereignty, security and social public interests, it shall rule to recognize its effectiveness. In violation of the basic principles of People's Republic of China (PRC) law or national sovereignty, security and social interests, it shall not be recognized and implemented. According to this provision, the judgment of a foreign court must meet the following conditions before it can be recognized and enforced in China:
1. The country where the court made the judgment has treaty relations or reciprocal relations with China. This is divided into three situations:
(1) Both China and foreign countries are parties to or participating in multilateral conventions.
(2) China has signed a bilateral treaty with that foreign country, and the judgments of the courts of that country have been recognized and enforced in China, and handled in accordance with the conditions and procedures stipulated in the mutual legal assistance treaty.
(3) Although China and the foreign country have not joined the same convention or signed a bilateral treaty, there is a reciprocal relationship.
2. A judgment applied by a foreign court or requested by a China court for recognition and enforcement must be a legally effective judgment.
3. The China court's application or request for recognition and enforcement of foreign court judgments shall not violate the basic principles of China law, and shall not harm China's national sovereignty, security and social interests.
In addition, in the mutual legal assistance treaties signed with relevant countries, China has made specific provisions on the conditions and procedures for mutual recognition and enforcement of court judgments. According to these provisions, in any of the following circumstances, the China court will not recognize and enforce the judgments of foreign courts:
(1) According to the provisions of Chinese laws on jurisdiction, judgments are made by courts without jurisdiction.
(2) According to the law of the country where the court made the judgment, the judgment has not been determined or enforced.
(3) The losing party fails to appear in court to participate in the litigation without legal summons, or has no legal representative when he has no litigation capacity.
(four) the execution of the judgment of a foreign court in China is detrimental to China's sovereignty, security or public order;
(5) Chinese courts have made clear judgments on cases with the same facts and requirements between the same parties; Or our country's courts have recognized the clear judgments made by the courts of third countries on cases with the same facts and requirements between the same parties.
If there is no refusal to recognize and execute the judgment after examination, the judgment shall be executed in accordance with the procedures prescribed by the laws of China.
There are three procedures for recognizing and enforcing judgments of foreign courts:
(1) The recognition and enforcement of judgments of countries that have concluded or participated in international treaties with China shall be requested by foreign courts to our courts in accordance with the provisions of international treaties.
(2) If the country requesting the recognition and enforcement of the judgment has reciprocal relations with China, the foreign court shall make a request to the China court according to the principle of reciprocity.
Third, according to the above-mentioned laws, we can apply to our country for the recognition of American judgments and get them enforced.