Rebuild The Judging Standard Of Foreign Element

In recent years,with the economic of china growing,there is an upward trend in the number of foreign-related civil and commercial cases in china.because of the different between domestic civil and commercial cases and foreign civil and commercial case in the court’s jurisdiction,applicable law,the recognition and enforcement,and also it has a direct impact on the rights and obligations of the parties,a lot of controversies are caused by judging standard of foreign element.In the "golden landmark case",Shanghai no.1 intermediate people’s court break though the original judging standards with citing the Miscellaneous Provisions "Other circumstances can be regarded as foreign-related civil legal relationship " in finding the foreign element of the wholly Foreign-owned Enterprise and the Characteristic Performance.this sentence let people aware of the defect of the judging standard of foreign elements again.This paper has a comparative analysis with popular theory of judging standard of foreign element,and combined with the exist defect of judging standard in china and finally rebuild a new judging standard of foreign element.this paper consider that finding the foreign element ought to based on the Principle of Closest Connection.this paper rebuild the judging standard of foreign element from three aspects:the parties,the performance and the impact of special region,industry and policy.finally,this paper gives a concrete suggestions for legislation and juridical practice and hope it will helps us to perfect the judging standard of foreign element.