The Application Of Identifying The Foreign Law By Experts

The proof of foreign law is a prerequisite for settling foreign-related disputes with the accurate application of foreign law.Ascertaining the foreign law through various means to settle foreign-related civil and commercial cases,which is the goal of foreign-related cases’ trial,as well as the objective requirement to maintain the order of international civil and commercial exchanges and protect the lawful rights and interests of the parties.With the further development of the Belt and Road Initiative,the international contacts between China and other countries along the road are increasing frequency,meanwhile,the foreign-related disputes caused by cross-border trade,travel,study and visit relatives and friends are growing.Therefore,ascertaining the foreign law with an authoritative and efficient way is needed to solve the foreign-related disputes.As an effective method of ascertaining the foreign law,identifying foreign laws by experts has been widely used in the world.China also regards this approach as a legal way.Legal experts can participate in foreign-related civil and commercial cases by appearing in court or providing legal opinions to help ascertain foreign law.However,there still exist some difficulties to identifying foreign laws by legal experts due to the lack of procedural provisions and supporting measures.This paper summarizes the deficiencies of China’s legislation and judicial practice by analyzing the qualification and legal status of experts and the review of their opinion in some relevant cases,then makes some suggestions for improving the station of identifying foreign laws by experts in China.This paper consists of four parts:The first part introduces the legal expert of the identification of foreign law.This section analyzes the issues such as who can become an expert and the legal status of the expert in litigation from the aspect of definition,selection criteria and legal status of experts.The second part introduces the procedures for experts to ascertain the foreign law.It analyzes the theory development and judicial practice of the employment of experts,the submission and review of the experts’ opinions,which macroscopically introduces the process of identifying foreign laws by experts.The third part discusses the application of the proofing of foreign law by experts in our country.This section analyzes the recognition of expert qualification,the legal status of expert,as well as the review and the adoption of expert opinions combined with the practical cases inwhich the court and the litigation hire experts to identify foreign law.In some ways,case study directly reflects the real application station of identifying foreign laws by the experts.It recognizes the effectiveness of this approach as well as analyzes existing problems in order to put forward some related proposal.The fourth part makes some recommendations for improvement of identifying foreign laws by experts towards the problem existing in our country’s judicial practice,such as the selection criteria of experts,the formulation of procedural rules for the review of expert opinions,and the relevant measures for experts to participate in the proof of foreign laws,so as to improve the system of identify foreign laws by experts in China.