Identification Of Foreign-related Factors In Commercial Legal Relations

Accurate identification of foreign-related factors is of great significance.On the one hand reflected in the application of the law,recognition of foreign factors related law in China is still the application of foreign laws to solve the disputes;on the other hand reflected in the procedural norms,recognition of foreign factors is related to submit the dispute to our institutions or foreign institutions to the referee,and whether our country of foreign judgments and rulings to the problem of recognition and enforcement.At present,China's free trade has been developing continuously,and the establishment of the FTA has been continuously established.According to the traditional factors,whether a legal relation is foreign or not has gradually exposed the rigid and inflexible defects.The traditional methods of identifying foreign factors need to be improved,need to be processed,and more flexibility will be needed to adapt to the changing international situation and domestic demands.In order to achieve a comprehensive reform and opening up,in response to the national Silk Road Economic Belt and twenty-first Century Maritime Silk Road grand strategy,breaking the traditional foreign factors identification restrictions,to provide foreign factors with flexibility and openness to identify,it is very necessary.Based on the comprehensive deepening reform and opening of the actual situation,in the new pattern of 2015 Shanghai FTA test area a classic case of "SIEMENS case" as the path under the background of "1+3+7" free trade zone to recognite foreign factors of commercial legal relationship.In this paper,the foreign factors are divided into two aspects:typical foreign-related factors and atypical foreign factors,and the concepts,characteristics and case studies of these two concepts are analyzed,and the category and difference of these two are analyzed.Then,on this basis put forward in upholding justice,not contrary to public policy,to prevent evasion of law under the principle of the foreign factors typical and atypical foreign factors are combined properly break through typical foreign factors,identification of atypical flexible foreign factors,so as to effectively determine the attributes of foreign commercial legal relationship.Finally,the foreign factors identification suggestions for China's commercial legal relationship is put forward from three aspects of theory,legislation and practice,in order to in the context of trade liberalization,China's judicial construction especially in the FTA test area of judicial construction in line with new ideas in the era of national conditions and requirements today.