A Review Of The Judicial Practice Of The Provision By Parties In The Ascertainment Of Foreign Law

When conflict rules point to foreign law,the key to hearing foreign-related civil and commercial cases is to find out and apply foreign law correctly.Article 10 of the Act on the Application of Law for Foreign-related Civil Relations,which came into force in 2011,clearly divides the liability of judges and the obligation of parties to provide.The actual effect of legislation needs to be tested by practice.In judicial practice,there exist such problems as the high standard of judge’s confirmation that’the party has not provided",the absolute distribution of ascertaining responsibility and the single auxiliary ascertaining way.Therefore,in order to improve the identification rate of foreign laws and prevent the arbitrary use of "the party fails to provide" reasons,it is necessary to integrate the existing legislation,improve the party to provide supporting measures,so as to improve the efficiency of the party to provide foreign laws.This paper is divided into four chapters.Chapter Ⅰ,"the judicial status of the channels provided by the parties in China",examines the judicial practice of the channels provided by the parties in China in an empirical way by summarizing practice cases.This part firstly with the help of a magic weapon "Pkulaw" and "China Referee Document Net" written judgment,case retrieval platform,Law of the Application of Law for Foreign-related Civil Relations as keywords,select on April 1,2011 to December 31,2019 for foreign-related civil and commercial judicial documents,according to the case number in the form of form,the types of cases,applicable law,find out the responsibility,find out the way,if they find out six aspects classified summary;Secondly,from multiple perspectives such as the investigation way of the case,the dispute type of the case,and the application of the applicable law,the author compares and analyzes the practice status quo of the foreign law provided by the parties,and tries to show the prospect of the judicial practice provided by the parties from another aspect.Chapter Ⅱ,"the practical dilemma of the party providing the way",is to examine the plight of the current judicial situationChapter Ⅲ "the analysis of the causes of the practice dilemma provided by the parties",further discusses the causes of the practice dilemma,that is,the legislation is too simple and the nature of foreign law is unclear.Chapter Ⅳ,"foreign law of the parties to provide ways to perfect",this part based on the judicial practice in our country,combining with the mature practice of countries outside,respectively from the integration of existing laws and regulations,set up specialized judicial interpretation,clear obligation of the parties to provide and judges ascertain responsibility,strengthen the find out the way for an interpretation reasoning,perfecting the parties to provide the auxiliary find out way to foreign law,effectively solve the parties to provide ways to find out the problem of low efficiency,reduce the difficulty of judges ascertain foreign law,ensure the accuracy and efficiency of the parties to provide foreign law,in order to improve the efficiency of trial proceedings concerning foreign affairs,help further in line with international standards of international private law system in China.To sum up,based on the empirical analysis as the main line,detailed discusses the foreign law,find out the problems existing in the of the parties to provide way to reflect on our country foreign law to find out the root of the parties to provide ways to the judicial dilemma exists,combine the domestic current situation of the practice and find out the way to apply outside practice experience,puts forward the corresponding solutions,with a view to improving the accuracy of the search and increasing the success rate of the judges.