Proof Of Foreign Law In The Civil Trial

Proof of foreign law is not only an important theoretical problem in the field of private international law. It is also a key system in the field of foreign-related civil and commercial matters. Since 2010, Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China has been introduced. Proof of foreign law has received the extensive attention of theory and practice.In the Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China, Proof of foreign law hold on the "general rules" article 10, which is an important position. In addition, Interpretation I of the Supreme People’s Court on Certain Issues Concerning ‘the Application of the Law of the People’s Republic of China’ to pinpoint problems made further explanation, provides a guidance for the related problems in the judicial practice.The full text of dissertation is divided into four chapters, about 30,000 words.Chapter one addresses the outline of proof of foreign law. Identifying foreign law refers to a series of specific activities of determining the existence and content of foreign law during the foreign-related civil proceedings according to the rules of conflict guidelines.Chapter two explores the empirical analysis of proof of foreign law. Since 2011, the article 10 has been widely used in practice. The empirical analysis of proof of foreign law involves tabulating, depicting and describing collections of data. Based on the case of adjudicative document study, there are some serious problems in the court of our country during the process of finding out foreign law. For example, Judges always pay little attention to proving foreign law, and still get used to applying the law of People’s Republic of China. Lots of cases which require proof and application of foreign law finally apply the law of the law of People’s Republic of China.Chapter three discusses the extraterritorial experience of ascertainment of foreign law. This chapter mainly discusses the law of British, the United States, Switzerland and other countries to find out problems on the system design and judicial practice of proof of foreign law in China. The thesis, from a comparative perspective, analyzes the difference of legislation in the foreign law field between some western countries and China.Chapter four argues about our country’s legislation and its improvement of proving foreign law. At present, The proof of foreign law in China is in the period of development, from the perspective of judicial practice, The thesis proposes some practical suggestions to perfect the system of proof of foreign law in China.