Abstract:Because of the divergence in punitive damage among different countries, the recognition and enforcement of foreign judgments concerning punitive damage are always in trouble: many countries refuse to recognize and enforce such kind of foreign judgments. However, more and more countries adopt a much reasonable way to determine the fate of foreign judgment concerning punitive damage, that is, whether the foreign judgment could be recognized or not is depended on the circumstance of the case. For Chinese courts, it is reasonable to consider several factors, including the cause of action, the beneficiary and the amount of punitive damage, while determining the issue of recognizing and enforcement of foreign judgment. In order to coordinate the divergence in recognition and enforcement of foreign judgment concerning punitive damage, Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters designs a special provision on the issue.