Research On The International Cooperation Mechanism Of Foreign Law Identification Under The Background Of "One Belt And One Road"

Under the background of "one belt and one road",China's foreign economic activities become more frequent,and the demand for proofing of foreign law is increased in dispute resolution.Through international cooperation mechanism,we can find out that foreign law has the advantages of authoritativeness,accuracy and integrity.The identification of foreign laws through international cooperation mainly includes the identification of foreign laws through embassies and consulates and the identification of foreign laws through judicial assistance.Finding out that there are many problems in foreign law through embassy,consulate and judicial assistance?In view of the existing problems,this article will elaborate on two aspects to improve the proposal of identifying foreign laws through international cooperation mechanism under the background of"one belt and one road".Firstly,starting from optimizing existing international cooperation to identify foreign law.Specific provisions should be made on the procedures for identifying laws of embassies and consulates,special identification agencies or departments should be set up and combined with other new forms of identification methods to improve the accuracy and effectiveness of identification.In the treaties on judicial assistance,the relevant provisions on identification of foreign laws should be further improved,the specific time limit for response should be determined,and the intermediate service process should be improved to improve the convenience of identification.Secondly,to create a special mechanism for international cooperation to identify foreign laws and broaden the path of identification is also a way to improve the mechanism of international cooperation to identify foreign laws.Although there may be difficulties in the early stages of implementation in the future,this convenient way can be used for a long time and repeatedly once completed.