The Research Of Foreign Elements Identification Under The Background Of FTZ

People's supreme court made Explanation on Several Questions of Law of the PRC on Application of Laws to Foreign-Related Civil Relations(1)stipulates the standard for foreign-related elements,and four specific circumstances can be identified as foreign-related,meanwhile,as a fallback provision,provisions(e)also stipulates “other circumstances that can be identified as foreign-related”,that is,when deciding whether a case is foreign-related,both the subject of legal relationship,legal facts and subject matter should be considered,provisions(e)also granted the people's court a certain discretion,the court can determine and identify foreign elements according to specific circumstances of the case.In the case of Siemens v.Golden Landmark,the Shanghai First Intermediate People's Court broke the long-existing chains on identify of foreign-related elements in judicial practice,and the fallback provision “other circumstances that can be identified as foreign elements” was quoted for the first time,the dispute between two foreign-owned enterprises registered in Shanghai was identified as foreign-related.Based on discussion of the rationality,feasibility and extensive problems of foreign-related elements identification in the case of Siemens v.Golden Landmark,this paper intends to discuss the new developments in foreign-related elements identification in the context of free trade zone.