Foreign Law Cannot Identify Problem Studies

The failure of the ascertainment of foreign law plays an important role in Private International Law.The methods used to prove foreign law is becoming various and with changes with the development of international exchange,which to some degree makes it easier to accomplish the ascertainment of foreign law.Nevertheless,obstacles still block the ascertainment of foreign law in the judicial practice.It is worth probing into the inner part of the system of the ascertainment of foreign law,Therefore,the thesis is to make a research about some points on the failure of foreign law proof,which include the following parts,how to identify the failure,the reasons for failure,the problems in judicial practice and the measures of remediation.The thesis holds that the ascertainment of foreign law is the key to guarantee the correct application of law.How to choose the measures which might reduce the risk is the main point that lies.The first part includes the status of the failure of foreign law,the identification of subject matters and standards.The article holds that the failure of the ascertainment of foreign law is the core in international private law and it is meaningful to make the lawsuit process be more smooth.The second part mainly discusses how to design a system which can be used to identify whether the foreign law has been proved or is it necessary for the subjuct matter to do more to accomplish the process.The thesis analyse the task in the following parts,and they are the due identification subject matters and if nessary methods have been used.First,the identification of subject matters involves the duty of the court and the parties.Through studying the advantages and disadvantages of corresponding parties.Second,the thesis attaches great importance on the identifications of standards.In judicial practice, the disunion of judging standards exert negative influence.The third part relys on the theory to study the measures of remediation.When the failure of the proof of foreign law is certain,measures should be thought to reduce the harm that brought by the failure.The failure can never be the excuse to end the lawsuit.The fourth part makes an introduction about dilemma of the ascertainment in judicial practice,the reasons that lead to the phenomenon and makes a suggestion according to the fact.In judicial practice,generally speaking,the judges are inclined to identify the failure of foreign law proof because of the follows,firstly,the influence of the homeward trend which makes the judges would rather apply the domestic law whereas the foreign law.Secondly,to guarantee the efficiency of the lawsuit, the judges refuse to waste time to prove.Thirdly,the legislation detect cannot be neglected.If more explicit measures should be made,judges would feel it is easier to identify.Lastly, the thesis presents ideas on the improvement which include ascertainment of measures through legislation and judicial interpretation,refining the methods and endows the parties the right to appeal because of the specific circumstance.