On The Perfection Of Foreign Law Inquiry System In China

The system of ascertainment of foreign law is a basic theoretical problem of private international law.It determines whether foreign law can be found out and applied in civil and commercial cases involving foreign countries.The problem of the identification of foreign law is concerned because of the implementation of the Law of the people's Republic of China on the legal Application of Foreign Civil Relations in 2011,followed by the promulgation in2013 of the Supreme people's Court on the Application of the Law of the people's Republic of China.The interpretation of some problems concerning the application of law in civil relations concerning foreign affairs(1)>,the further elaboration and guidance of this system.Although the current legislation tries to clarify the identification responsibility of foreign law and the determination that can not be ascertained,there are still many problems in the application of this system in the judicial practice of our country.Few foreign civil and commercial cases have been successfully applied to foreign law.This article is divided into four chapters based on the history of legislation,the current situation of the system,the experience of foreign legislation and the perfection of the system,and combined with the relevant cases published by China Judicial Documents Network.The first chapter is the introduction,which mainly introduces the theoretical background and research purpose of this paper,and then expounds the existing literature and research results at home and abroad.This paper summarizes the research contents of domestic and foreign scholars on the theory and system of foreign law,and finally puts forward the main research methods of the author in this paper.The second chapter is about the development and current situation of the system of investigation of foreign law in our country.It briefly describes the legislative evolution and basic content of the system of investigation of foreign law in our country.Through the empirical analysis of 16 relevant cases published by the Supreme Court,it illustrates the actual application of the system in our judicial practice,and then leads to the existing problems.The third chapter is an overview of the foreign law identification system.It introduces the legislative content and practice of the United States,Britain,Germany and France,and summarizes the legislative experience of theAnglo-American law system and the continental law system.The fourth chapter is to perfect the suggestion of our country's foreign law ascertainment system,aiming at the problems existing in the aspect of legislation and practice,put forward some reasonable opinions systematically.From the perfection of the subject of responsibility to the extension of the path of finding out,and the determination of the validity and content of foreign law,the court's discretion of "foreign law can not be found" is strictly restricted,and a system of examination and supervision is established between the judicial system and the masses.