“德国柏林高等法院承认中国江苏省无锡市中级人民法院判决”案首开中、德两国在无国际条约的情况下,德国法院基于互惠原则承认中国法院民商事判决之先河,引发了法学理论界和实务界对国际民事诉讼法领域沉寂数年的关于国际司法协助中互惠原则的新一轮讨论。其实,在保证国家主权的前提下,中国法院亦可突破习惯做法,在与他国的司法合作中主动迈出互惠的第一步。 “German Berlin High Court admits the judgment of Intermediate People’s Court of Wuxi City, Jiangsu Province, China ” case first, Germany and Germany in the absence of an international treaty, the German court based on the principle of reciprocity to recognize the forerunner of Chinese court civil and commercial judgments, triggering the law Theorists and practitioners have been discussing a new round of discussions on the principle of reciprocal benefit in international judicial assistance, which has been quiet for many years in the field of international civil procedure law. In fact, under the precondition of guaranteeing the sovereignty of the country, Chinese courts can also break through the usual practice and take the initiative in taking the first step toward reciprocity in judicial cooperation with other countries.