Practical Research On Foreign Law Can't Be Proofed

Proof of foreign law is a very important system in private international law.It is directly related to the impartiality and rationality of the result of civil and commercial trials involving foreign affairs.With China's further opening to the outside world and Promote the "Belt and Road" Construction,more and more foreign-related civil and commercial disputes,foreign judicial practice also increasingly complex,but from the judicial practice in our country,the ratio of foreign law in foreign-related cases to apply is extremely low,the court often considered unable to ascertain foreign law,and shall be governed by the laws of China.Foreign law can't find out that is an important link in the whole process of proof of foreign law procedure,is measured by foreign method to identify the scale of the system of perfect or not.This article based on the specific case of the court's judicial practice concerning foreign affairs in our country,from the foreign law can't find out,explore to find out the problems,analysis the reason,and targeted Suggestions.Taking the judicial practice cases from 2014 to 2018 as samples,this paper discusses the problems that can't proof of foreign laws in China from four aspects.The first part is an overview of foreign law that can't be found out,focusing on the problems commonly encountered in proof of foreign law.The second part analyzes the judicial practice of proof of foreign law in Chinese courts.Based on actual cases,this part analyzes the ascertaining of foreign law in foreign cases from 2014 to 2018 and summarizes the problems existing in the process of proof of foreign law practice by Chinese courts.The third part analyzes the reasons why foreign law can't be found out,and probes into the deep-seated reasons.The fourth part is the suggestion of the system of proof of foreign law in our country.Based on the analysis of the inadequacy of legislation of proof of foreign law in our country and the relevant judicial interpretation provisions and the existing problems in practice,the author puts forward Suggestions to solve the problems in practice from the aspects of legislation,institutional construction and judge training.