Proof Of Foreign Laws Under The "One Belt And One Road" Initiative

After the "one belt and one road" initiative was put forward,China’s foreign-related civil and commercial affairs showed a series of new trends,such as the sharp increase in the number of foreign-related cases and the variety of foreign-related cases.Although China has promulgated the Law on the Application of Laws Foreign-Related Civil Relations and relevant judicial interpretations to solve the problems existing in the proof of foreign laws,the current situation of the difficulty in the proof of foreign laws has not been greatly improved.In addition to the new changes in judicial practice,the relevant laws and regulations that have been promulgated can no longer meet the needs of the proof of foreign laws in judicial practice.By collecting 100 cases related to foreign law as samples for data analysis,the author found that the main problems at this stage are unclear time limit for identification,judges have greater discretion and the path of identification is not broad.A group of data reflects that nearly 50% of foreign laws cannot identify "the parties cannot provide",so the core problem causing the difficulty of the proof of foreign law is not the legal norms themselves,butthe path of foreign laws to identify is not broad and channels to identify are not rich.Therefore,at present,the most effective solution should be to increase the way of identification,enrich the channels for identification,strengthen the further application of "Internet +" thinking,and create an efficient,convenient and authoritative platform for foreign legal data information,so as to meet the practical needs of judicial practice for the proof of foreign laws,and provide a strong judicial guarantee for the "one belt and one road" promotion.