论承认和执行外国判决中公共秩序的运用/严海(9)
〔26〕 Case 228/81, Pendy Plastic Products B.V. v. Pluspunkt Handelsgesellschaft mbH, 1982 E.C.R. 2723.
〔27〕 Karen E. Minehan, The Public Policy Exception to the Enforcement of Foreign Judgments: Necessary or Nemesis?, 18 Loy. L.A. Int'l & Comp. L.J. 795, p.815 (1996).
〔28〕参见杨栋：《外国法院惩罚性赔偿的承认与执行》，载《山东法学》1998年第5期，第49页。也可见前引3，李双元书，第600页。
〔29〕 Jonathan H. Pittman, The Public Policy Exception To The Recognition Of Foreign Judgments, 22 Vand. J. Transnat'l L. 969, p.995 (1989).
Abstract: Public Policy Exception is one of the reasons that local courts holds on refusing recognition and enforcement of foreign judgments. With no clear standard, the application of public policy exception often meets a lot of difficulties. To date, no widely recognized international convention referred to this problem was achieved yet. However, some practices in the US and EU indicate that the public policy exception should be narrowly interpreted. As to China, there’re still some inadequacies in the legislations concerning public policy. It is also believed that public policy will keep on playing an important role in denial of recognition and enforcement of foreign judgment.
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