The Study On Ways Of Foreign Law Identification In Judicial Practice Of China

The ways of ascertaining foreign law involves whether the court is easy to recognize the content of foreign law,and will also affect the outcome of litigation concerning the application of foreign law,so it is very important in practice.In a word,the ways to identify foreign laws is related to the implementation of foreign law ascertainment system.For a long time,the application of the way of ascertaining foreign law in judicial practice has not been paid enough attention or only focused on the practice of a few ways of ascertaining foreign law.Therefore,it is necessary to conduct in-depth research on the problems existing in the judicial practice of China's foreign law identification.At the legislative level,the Law on the Application of Law in Foreign-related Civil Relations and its judicial interpretation have not stipulated the ways of ascertainment,but have only been stipulated by the opinions of the people in1988 and the minutes of the conference in 2005.The existing provisions on the ways of ascertaining foreign laws are faced with such problems as low legal rank,unclear validity and inconsistent ways of ascertaining.At the judicial level,the ways of ascertaining foreign law are faced with many problems,such as low application rate and low acceptance rate of ascertaining results.In order to deal with these problems,foreign countries should improve treaty channels,legal experts and other open channels by adding specific contents of the exchange of legal information in bilateral mutual legal assistance treaties,simplifying the procedures for identifying treatychannels,supporting and regulating the identification of legal experts or third-party legal services institutions.The activities of legal investigation can really play its due role and promote the improvement of the level of foreign-related civil and commercial trial in China.