What Is Reciprocal Determinism?

Principle of reciprocity: It is also called "mutual principle". One of the general principles applicable to foreign-related litigation. When a country limits or facilitates the litigation rights of citizens, enterprises, and organizations of other countries, other countries also limit or grant corresponding litigation rights to citizens, enterprises, and organizations of that country with corresponding regulations. Sovereign states should regard the principle of equality and reciprocity as the principle of communication. They should respect each other judicially and should not discriminate or restrict them. However, due to different laws and regulations in different countries, in order to reflect the principle of reciprocity, the principle of reciprocity is formed. China recognizes and applies the principle of reciprocity in foreign-related litigation. A basic principle of international law. States give each other equal treatment in one respect. It is the principle of "resisting and resisting restrictions". The purpose is to achieve mutual respect, equality and mutual benefit between countries. Violations by one party will result in restrictive or retaliatory measures by the other party. ^[1]

Reciprocity

Principle of reciprocity: It is also called "mutual principle". One of the general principles applicable to foreign-related litigation. When a country limits or facilitates the litigation rights of citizens, enterprises, and organizations of other countries, other countries also limit or grant corresponding litigation rights to citizens, enterprises, and organizations of that country with corresponding regulations. Sovereign states should regard the principle of equality and reciprocity as the principle of communication. They should respect each other judicially and should not discriminate or restrict them. However, due to different laws and regulations in different countries, in order to reflect the principle of reciprocity, the principle of reciprocity is formed. China recognizes and applies the principle of reciprocity in foreign-related litigation. A basic principle of international law. States give each other equal treatment in one respect. It is the principle of "resisting and resisting restrictions". The purpose is to achieve mutual respect, equality and mutual benefit between countries. Violations by one party will result in restrictive or retaliatory measures by the other party. ^[1]

Foreign-related

1. This principle applies to the aspects of restricting administrative litigation rights of Chinese citizens and organizations in foreign countries, but not to the granting of rights. Even in accordance with the foreign law, Chinese citizens and organizations enjoy more rights in administrative litigation in the country, the country cannot therefore require China to grant the same litigation rights to citizens and organizations in the country. Therefore, reciprocity is a restricted reciprocity of litigation rights.

2. Citizens and organizations in China carry out administrative litigation in foreign countries, and their litigation rights are the same as those of citizens and organizations in the host country. That is, the country implements "national treatment" to our citizens and organizations. If the country's rights to litigate its citizens and organizations are lower than the standards it grants to its citizens and organizations, it will constitute a restriction on the rights of Chinese civil organizations to administrative litigation in that country. This kind of restriction, whether in the form of legislation or the actual limitation of judicial proceedings, is a restriction on the litigation rights of our citizens and organizations. Therefore, China will also apply to the citizens and the organization's litigation rights in China according to the principle of reciprocity. limit.

The principle of reciprocity stipulated in this law is only a legal principle. Since the content of administrative litigation legislation in China is different from that of foreign administrative litigation, there may be differences in the specific system requirements. It should be a peer-to-peer analysis. If a foreign court restricts the content of litigation rights of citizens and organizations in China, and China has corresponding provisions in legislation, it can be restricted in the same way; if a foreign court restricts the litigation rights of citizens and organizations in China, China has no corresponding provisions in legislation. That is, they should be restricted with the same nature and the same content. Therefore, the application of the principle of reciprocity should reflect a kind of flexibility.