An Empirical Research On The Ascertainment Of Foreign Law In The Courts In East China

The continually proposed policy of broadening the scope of foreign trade and accelerating the process of investment facilitation and further deepening the opening up policy has put forward new requirements and challenges for strengthening foreign-related legal work,especially for foreign-related civil and commercial trials.For a long time,the identification of foreign laws is one of the common problems in the trial of foreign-related civil and commercial cases by the people's courts.Based on the attitude of seeking truth from facts,this paper,through the research on the Chinese and foreign civil and commercial judgment documents of the Court of East China from 2011 to 2018,is on the one hand,and on the other hand,understands the implementation of relevant laws and regulations such as the Law applicable to foreign-related civil relations.On the other hand,it analyzes foreign law to identify problems in judicial practice.The author hopes that the discussion of these issues will help to improve the dilemma of foreign law.The introduction of this article explains the background of the writing of the article,including the two aspects of asking questions and research value.The question raised mainly indicates the important position ascertained by foreign law and the reason for studying in East China.The research value mainly introduces the research status at home and abroad and the research ideas of this paper.The main body of this article is divided into the following four parts:The first part is the research method.This part mainly introduces the research methods and feasibility of this paper.Although this part does not cover the subject of the article,it is the basis of the practical value of the conclusion of the article.It has an important significance that cannot be ignored.The second part is the legislation and judicial practice ascertained of the foreign law in the courts in China and East China.This part is composed of two parts: legislation and practice.Legislation is an important prerequisite for justice.Therefore,to analyze judicial practice,we should first introduce relevant legislative norms.For the legislative norms ascertained of foreign law,this paper mainly introduces the legislative process ascertained of foreign law and the current effective legislative norms.The introduction of the legislative process for the identification of foreign law in China is based on the chronological order of relevant legislation.The introduction of the current effective legislation for the identification of foreign laws in China is based on the basic logic ascertained of foreign law.Judicial practice includes two aspects: the judicial practice ascertained of the foreign law in our courts and the judicial practice ascertained of the foreign law in the Court in East China.The judicial practice ascertained of the foreign law in our courts is based on the national courts and introduces the overall situation of our courts in the process of identifying foreign laws.The judicial practice ascertained of the foreign law in the Court in East China is expressed in the form of a combination of charts and texts,and introduces the basic situation ascertained of the foreign law in the Court in East China from a holistic perspective.The third part is the analysis of the judicial practice of ascertainment of the foreign law in the Court in East China.This part mainly starts with the identification of the main body,the method of identification,the identification of foreign laws and the inability to identify foreign law,and combines specific real cases to explain the status quo and problems reflected in the relevant judgments.The fourth part is the improvement and thinking of the foreign law identification.This part is based on the analysis of judicial practice,and further consideration of the foreign law identification system from the perspective of identifying the subject,relevant legislation,and technical conditions.