Study on the Dilemma of Identification of Foreign Laws and the Path to its Solution
Abstract
The establishment of the China International Commercial Court is a product of the era of the construction and development of the
the Belt and Road. As exchanges along the routes become closer and closer, Chinas foreign-related commercial cases are increasing day by
day, and in order to deal with the many foreign-related commercial disputes, it is unavoidable to face the problem of identifying and applying
foreign laws.In view of the transitional nature of new things, the current system and operation of foreign law identification in China cannot
fully meet the needs of reality, and in this context, the foreign law identification system needs to be further explored. This article focuses on
the Current Situation and Challenges of Foreign Law Identification System in Chinas Foreign-related Commercial Cases, and aims at proposing targeted improvement strategies.By analyzing the problems that exist in the practical operation of the current system, such as unclear
responsibility for identification, unclear role of expert members, and high costs of the platform, etc., a series of concrete measures are proposed. It then proposes a series of specific measures, including the establishment of a cross-international legal database, the utilization of the
expert members means of ascertainment, and the strengthening of social supervision, with a view to promoting the modernization of Chinas
foreign-related commercial legal system and enhancing the efficiency of international commercial dispute resolution, while safeguarding the
authority and impartiality of the law.
the Belt and Road. As exchanges along the routes become closer and closer, Chinas foreign-related commercial cases are increasing day by
day, and in order to deal with the many foreign-related commercial disputes, it is unavoidable to face the problem of identifying and applying
foreign laws.In view of the transitional nature of new things, the current system and operation of foreign law identification in China cannot
fully meet the needs of reality, and in this context, the foreign law identification system needs to be further explored. This article focuses on
the Current Situation and Challenges of Foreign Law Identification System in Chinas Foreign-related Commercial Cases, and aims at proposing targeted improvement strategies.By analyzing the problems that exist in the practical operation of the current system, such as unclear
responsibility for identification, unclear role of expert members, and high costs of the platform, etc., a series of concrete measures are proposed. It then proposes a series of specific measures, including the establishment of a cross-international legal database, the utilization of the
expert members means of ascertainment, and the strengthening of social supervision, with a view to promoting the modernization of Chinas
foreign-related commercial legal system and enhancing the efficiency of international commercial dispute resolution, while safeguarding the
authority and impartiality of the law.
Keywords
Full Text:
PDFReferences
[1] Ding, F.L. Theoretical Exploration of Creating China's International Commercial Court in the Construction of "Belt and Road"[J]. Journal of Nanjing University, 2018, 55(05): 67-73.
[2] Lei, T.T. Exploration of the expert opinion system for foreign law identification[J]. Legal Expo, 2021(11): 150-151.
[3] Xiao, Y.P.QIU, N.X.Suggestions for Improving China's Courts' Use of Specialized Institutions to Identify Foreign Law[J]. Journal of
International Law, 2022(04): 34-52.
[4] MA, M.F. CAI, S.Y. Improvement of foreign law identification system under the "Belt and Road" initiative[J]. Jurisprudence, 2018(03):
124-134.
DOI: http://dx.doi.org/10.18686/frim.v2i3.4223
Refbacks
- There are currently no refbacks.
