A New Way To Perfect The Method Of Finding Out Foreign Law In The Era Of "Internet+"

The method of the foreign law identification is one of the contents of the foreign law identification system,and the relevant contents are mainly reflected in <The interpretation of the people of the people> Article 193 and <Summary of the conference> Article 51,both of which stipulate a wide variety of foreign law identification methods,such as provided by the parties,through mutual legal assistance,embassies and consulates and the Internet and so on,only from the view of the rules themselves,the identification method of the legislative provisions has been very abundant.Nevertheless,the situation identified by the foreign law in practice is still not optimistic,it mainly reflected that some judges have a "homecoming complex" in the trial of foreign-related civil cases,when the applicable law is determined according to the guidelines of the conflict norms of the home country.In order to avoid the difficulties encountered in the process of the identification of the foreign law,and thus to use "unascertainable" as a reason to avoid the direct application of familiar national law to the identification of foreign law,or to direct the parties to choose to apply Chinese law because of the fear of difficulties,or because the parties agree to choose foreign law but it is difficult to provide,the judge then applies <Interpretation of applicable law(1)> Article 17 A foreign law could not be ascertained on the grounds that "the parties failed to provide it within a reasonable period of time without justification".The reason for this is that many judges hold a negative attitude towards finding out the foreign law,fear of difficulties and "homecoming complex",and the emergence of this mentality reflects the existence of some shortcomings in the existing methods of finding the foreign law,namely,time cost and economic success.This is high and not very operational,Specific reasons are that the parties providing the foreign law is subject to the professional level and identify the technology and other restrictions;Through mutual legal assistance,embassies and consulates,we find out that foreign laws are subject to different legal systems and so on;Chinese and foreign legal experts provide foreign law or having subjective tendency and other issues;(B)to identify,through the Internet,the question of the broad definition of "Internet" in foreign law and,for example,that "provision of parties" seems to have become the most commonly used method of identification in judicial practice,whether it is because of its advantage over the other four methods,or because it is simple and labor-saving for the judge,in the practice,because the professional quality of the parties is far less than the judge,and it can not master a large number of public resources as the court,therefore,it is very difficult for the parties to provide foreign law accurately;Furthermore,as far as mutual legal assistance is concerned,the countries in which China has signed international mutual legal assistance treaties are far from sufficient to cover all States,and mutual legal assistance treaties generally provide only principled provisions for the provision of laws by both parties.Our country also does not have the judicial explanation or the stipulation about the mutual legal assistance detail question,causes in the actual operation lacks the guidance.In this paper,the author makes a detailed analysis of each specific problem and finds out the root cause of the fact that the foreign law identification method has not been effectively used in practice,and combines with the background of "Internet +",that is,the new background drived the traditional society to the information society,to seek a new path identified by foreign law,that is,establish an international platform for mutual assistance between foreign law and the Internet in order to make up for the shortcomings of existed foreign law identification methods and to provide a new way of thinking for the perfection of foreign law identification methods.International Foreign Law Identification Internet Mutual Assistance platform is an innovative application based on the "Visa Model".It is an internationally common platform that provides online services for the identification of the foreign law,with the participation and interaction of users in various countries."The interpretations of the people of the people" Article 193 and "Summary of the conference" The methods of identification of foreign laws provided for in Article 51 are integrated,refined and supplemented,giving a more concrete interpretation of the broad approach to identification "Internet" and providing a direction for the "parties",to provide "Chinese and foreign legal experts","legal service organizations","professional self-discipline organizations","international organizations" to exert the platform and good communication mechanism,Providing a more convenient platform for "to be provided by the central authority of the other party that has concluded a mutual legal assistance agreement with our country","to be provided by our embassy and consulate in that country",and "to be provided by the Embassy of that State in our country",the specific implementation method has been elaborated in this paper.Because of this,this way can make up for the deficiency of the existing foreign law identification method from different angles,but also perfect and optimize the existing foreign law identification method,in order to better protect the legitimate rights and interests of the parties involved in foreign civil relations.