Research On The Realization Path Of Ascertaining Foreign Law

In this paper,through statistical analysis of China 's recent cases involving foreign law,it is found that the success rate of foreign law is very low.The reason is generally found in the link of foreign law.The success rate is very low.Ascertainment of foreign law,that is,when a country 's court hears an international civil and commercial case,if a foreign substantive law should be applied in accordance with the conflict rules of the country,then how to determine the existence of the foreign law and determine its adjustment of the specific rights and obligations of the parties The content is determined by the process.When the parties choose to apply the foreign law,they must have considered that the foreign law is beneficial to adjust their rights and obligations,and the foreign law cannot be identified,which makes the case for the resolution of the dispute does not better protect the rights and interests of the parties To a certain extent,against the wishes of the parties.Based on the current status of low identification success rate,the purpose of this article is to improve the identification success rate to a certain extent through relevant discussions.First of all,the source of the subject,the purpose and significance of the research are demonstrated,and the second is a review of the existing deficiencies from the legislative and judicial levels.For example,the nature of the foreign law is unknown;it is found that the responsible party is overburdened;the foreign law is confirmed The rules are not complete.At the judicial level,empirical research methods are used to carry out research and statistics on judicial practice cases,and it is concluded that the success rate of foreign law investigation is low and excessively dependent on the parties to provide;the law provides five methods of investigation,but four of them are useless and rarely used;investigation The method is too simple.Thirdly,the comparative law method is adopted to compare and learn the relevant system regulations from the foreign laws of the United States and Germany,and get inspired by the relevant systems.Finally,according to the existing deficiencies,the legislative,judicial and supporting measures are proposed to improve the legislation,determine the nature of the foreign law,adjust the degree of responsibility of the parties and the court to find out,and improve the foreign law confirmation rules;The judiciary makes full use of the five types of identification methods and expands the identification methods;the supporting measures strengthen the training of judges,set up an expert database,and conduct research on the realization path of foreign law identification from all aspects.It is believed that through the above suggestions,the ratio of foreign law identified in China 's foreign-related civil and commercial cases will be increased to a certain extent,which can better protect the rights and interests of the parties and better serve the large number of emerging civil and commercial cases under the “Belt and Road” policy,Has very important significance.