Recent Theories and Practice on Application and Ascertainment of Foreign Law in China (Draft: not for citation)
In recent years,the Chinese people”s courts treat more and more foreign-related cases.The application of foreign law in people”s courts is also increasing.There is a special provision in the New Chinese Act.It is desirable to review the legal practice of proof of foreign law in China.The author holds that it is fair to adopt the model of mixed methods and it is a better choice to take different methods in different situations,i.e.,the foreign law should be ascertained by the judges,except that the parties bear the burden of prove it in case of the foreign law is chosen by the parties.However,the new provision needs further improvements,and the judges should avoid to abuse of failure of proof of foreign law to apply lexfori in case of failure of proof of foreign law.
proof of foreign law Conflict Rule lexfori
GUO Yujun
Prof.& Dr., Institute of International Law, Wuhan University
国内会议
北京
英文
64-76
2011-10-22（万方平台首次上网日期，不代表论文的发表时间）