Foreign Law To Identify Legal Issues

At present,China is implementing a new round of high level of opening up,the construction of the new system of open economy,"The Belt and Road" and marine strategy to accelerate regional cooperation and economic exchanges increasingly close,the FTA construction continued to expand,and the use of foreign law conflict,integration has been integrated into the rapid development of economy and society.The decision in the fourth Plenary Session of the 18 th CPC Central Committee clearly put forward to strengthen the foreign law.And the laws of various countries,so the multitude the myriads of changes,proof of foreign law is always a difficult problem in judicial practice.To strengthen the foreign law and accurate application,is an important foundation of the socialist judicial system of socialist legal system construction Chinese characteristics and characteristics of Chinese work,is an objective requirement to use legal means to safeguard the interests of our country and economic security,but also an important guarantee of equal protection of the law the legitimate rights and interests of Chinese and foreign parties,help to comprehensively promote the rule of law.The main body of this study is divided into three parts: The first part,the author summarizes the ascertainment of foreign law system,which mainly describes the concept of proving foreign law(mainly from the legal theory,the fact that,a mixture of said three aspects),the paper further summarizes the general situation of foreign law(for the practice of domestic and foreign comparison).The second part discusses the theory and practice of the ascertainment system of foreign law in our country from three aspects: legislation status,judicial status and existing problems.Among them,the author analyzes from two aspects,that is,legislation needs to be enriched and theory divorced from practice.In the third part,based on the foregoing discussion,the author puts forward three suggestions to improve the ascertainment system of foreign law,that is,to refine the subject of responsibility,to expand the way of identification,cautiously to affirm the failure of the ascertainment.