Research On The Identification System Of Foreign Law In China's Foreign-related Commercial Cases

The establishment of the international commercial tribunal of the supreme people's court is a major reform plan made by the CPC central committee with Comrade Xi Jinping at the core.The establishment of the court is a significant event in the development history of foreign-related commercial trials and even the development history of the people's judicial cause,marking that the people's court service guarantees the construction of "One Belt And One Road" has entered a new stage.The first and second international commercial tribunals of the supreme people's court were inaugurated in shenzhen and xi 'an on June 29,2018.We should pursue a just cause for common good.With the continuous advancement of the common destiny of mankind and the deepening of China's integration into the world,China's foreign-related commercial cases are increasing day by day.To deal with many foreign-related commercial disputes,it is inevitable to face the problem of the identification and application of foreign laws.Combined with the "area" initiative is put forward and the development and China's international commercial court for office,to find out the truth more become the traceability of extraterritorial law of a key ring,ascertain foreign law court effectively resolve the problems reflected the impartiality and authority of law in our country,more for the countries all over the world especially in all the way along the national confidence in China's judicial system,therefore,the author thinks that,under this background,the foreign method to identify system need to be further discussed.The author believes that the Current Provisions on the ascertainment system of foreign law in China can no longer meet the needs of the People's Court and the international civil and commercial courts in handling foreign-related commercial cases,the Current Provisions on the ascertainment system of foreign law are not detailed,such as the legal provisions and the legal interpretation in judicial practice,such as the method of identification of foreign law,the application of law when foreign law can not be identified and the distribution of ascertainment responsibility between the parties and the court,etc.At the same time,the only relevant provisions are not systematic.To solve these problems is the key to improve the system of foreign law ascertainment.Therefore,under the premise of bringing forward the general situation of the ForeignLaw ascertainment system,this paper takes the construction of China's International Commercial Court as the background,at the same time,through the comparative analysis with the newly added International Commercial Expert Committee of the Court and Other Foreign Law ascertainment channels such as legal ascertainment service agencies,the paper demonstrates the problems existing in the foreign law ascertainment system currently in operation,and try to put forward the corresponding suggestions.Discuss in the context of "Internet +",including through the establishment of extraterritorial identification APP,"Zhihu" mode of communication platform and the transnational law and case database to improve the method of foreign law identification,and so on.