My Country's Foreign Law Identification System Research

With the deepening of opening to the outside world,especially the continuous advancement of the "One Belt And One Road" policy,the number of foreign cases accepted by Chinese courts has increased and even appeared a trend of blowout.In these cases involving foreign affairs,a large number of cases need to apply foreign law for trial and judgment,so how to identify foreign law has become a key issue,but China's foreign law identification system is not very optimistic,there are a lot of problems need to carry out rational reflection and review.System of foreign law in China is to find out problems,first of all,through the comparative analysis has been clear about the foreign method to identify the basic meaning of the system also has been clear about the foreign method to identify system extension of both the basic meaning of foreign-related civil and commercial legal relations,also made clear on outside law and find out the object,rule out the "law" of Hong Kong,Macao and Taiwan regions,and international treaty.Second,mainly discusses the foreign method to find out the system of legislation and practice in our country,through to the foreign law find out on our system to study the related legislation and the judicial status quo,found that the problem is mainly in the system of our country's foreign method to find out the main body responsibility divided not clear,find out the way to use less in practice,our country foreign method,find out the information that standard is relatively chaos,lack of supervision and ascertain foreign law system in China.Thirdly,it mainly discusses the extraterritorial experience of foreign law identification system.In terms of the selection of countries,it mainly selects the representative countries of the common law system,the United Kingdom and the United States,and the representative countries of the continental law system,Germany and France,for a comparative study.Finally,the difficulties of ascertain foreign law system in China is based on the analysis of the reasons put forward the countermeasures,in particular should be clearly divided into foreign method to find out the system of responsibility in our country,find out ways to refine and expand foreign law,using the method of guiding cases unified foreign method to find out the data as standard,from outside the court internal and social two aspects to perfect our foreign method to find out the constraints supervision mechanism in the system.