On The Perfection Of The Mechanism Of Ascertaining Foreign Laws In China

With the continuous deepening of the construction of my country's "Belt and Road",the number of disputes caused by the increasingly frequent personnel movement and trade exchanges has also increased.Especially in the field of foreign-related civil and commercial trial practice,it is urgent to perfect our country's foreign law identification mechanism,so that our foreign-related civil and commercial disputes can be resolved more reasonably,so as to better enhance the credibility of our judicial trial and establish our judicial Authoritative image and create a good international civil and commercial exchange and business environment.Therefore,on the basis of empirical research,this article will draw on the legislation and judicial situation of typical foreign countries to study my country's foreign law ascertainment mechanism.The paper sorts out the current status of foreign law ascertainment at home and abroad from the perspective of comparative law and conducts a comprehensive analysis.It also sorts out the problems in the judicial practice of foreign law ascertainment in China,mainly including four aspects: the court The parties found that the validity of the foreign law was inconsistent,the experts found that the foreign law channel was not running smoothly,the judicial assistance channel found that the foreign law was not effective,and the abuse of procedures that could not be identified by the foreign law.At the same time,a more comprehensive analysis of the causes of China's foreign law identification difficulties from the legislative and judicial levels is as follows: the unreasonable allocation of responsibility for foreign law identification,the inability of experts to be identified,and foreign law Identify the disconnect ion between the approach and practice and the determination of the legal opinion.In addition,for the relevant problems that arise in the application of foreign law in China's foreign law investigation,we have put forward relevant and operable suggestions.There are four main aspects: reasonable allocation of responsibilities of foreign law to identify the subject,standardization of procedures that foreign law cannot be identified,and the form and content of legal opinions issued by Chinese and foreign legal experts.It is required to improve the relevant expert identification system as soon as possible,and to issue guidance Cases,guidelines for judicial application,and other suggestions to open up multi-channel foreign law identification methods.