On The Improvement Of China's Foreign Law Identification System

The ascertainment system of foreign law plays an important role in the judicature of our country,and the fair trial of every foreign civil and commercial case affects the impartiality and authority of our country's judicature.In recent years,the formulation of legal application law on civil legal relations for foreign affairs has provided valuable legal basis for my national commercial trial,which made my national commercial trial achieved remarkable achievements,but the law has gradually exposed a series of problems of legislative system in its operation.The law applicable to the legal relations of foreign civil law is the first system in China to establish the law applicable law.Since its implementation,it has been stipulated in the foreign law to find out,find out the distribution of responsibility and find out the methods.It has strong theoretical and legislative significance.However,in the actual operation,due to the lag of legislation,the complexity of foreign-related civil and commercial cases and the objectivity of finding difficulty in foreign law,there are still some shortcomings in the current legal provisions.The main manifestation is that the provisions on the identification of foreign law are vague,the ways in which foreign law is found are lack of maneuverability,and the identification of foreign law can not be lacking in the lack of a unified standard.Comparing with the foreign law identification system in Germany,France and Switzerland,it reflects some problems in the legislative level of the foreign law identification system in our country.On the basis of the experience of foreign countries and foreign countries and combining the situation of our country and the judicial trial of the foreign-related civil and commercial cases,the system of foreign law ascertainment in China is finished.The main ways of good are: the rational distribution of foreign law to identify the responsibility,the identification of different nature cases to distinguish the responsibility,the effective use of various foreign laws to identify methods,the use of high-tech and academic institutions to find out,the identification of the judicial identification standards of foreign law,the use of "full effort" and "reasonable restrictions" to carry out Constraints;reasonable restrictions on public order reservation system.