The Research Of The System Of Foreign Law's Ascertainment

"Ascertainment of foreign law", is an basically important system in the conflict of laws. It will become necessary once the conflict rule points to a foreign law. Now more and more Chinese courts encounter the problem of ascertaining of extraterritorial law in practice, but there is no relative legislation on the issue in China. The Chinese system of foreign law's ascertainment should be reconstructed because of its too principle and simple. There are four parts in this article.The first part introduces the basic theory of "Ascertainment of foreign law". According to the define of "Ascertainment of foreign law" and the elaborate of meaning, point out the necessary of establishing "Ascertainment of foreign law".The second part analyzes the comparison of the systerm of "Ascertainment of foreign law" between the two law systerm.Comparative researches are used in this dissertation in order to probe into the international reference about "Ascertainment of foreign law".The third chapter which states the discussion of "Ascertainment of foreign law" in China. Do the more thorough analysis to the problem and the practice about "Ascertainment of foreign law". Point out the irregularity of application about "Ascertainment of foreign law" in China from the law-making, the academic research and the judicatory practice.In the last part, the writer works over the discussion above. Expound the speculation of system about the suggestion of the law-making, according to the base of the law-making conditon about "Ascertainment of foreign law" in China. And design into the form of ruling. It organized as follows: the matter of how to ascertain the foreign law, the path of responsibility about "Ascertainment of foreign law", the procedure of confirm and explaination when the foreign law is finded out, the confirm and succour when foreign law can not be confirmed, the wrong application of "Ascertainment of foreign law" and the apply to the higher court.