The Uncertainties in the Ascertainment of Foreign Law in Chinese Court: A Critical Analysis of the Current Mechanism

Abstract

With the implementation of China’s “One Belt, One Road” Construction, China’s foreign-related civil and commercial disputes are characterized by an increase in the number and variety. As an important mechanism in the Private International Law field, ascertainment of foreign law is becoming increasingly prominent in resolving these disputes. However, broad statistics concerning the outcome of relevant cases show that the judicial practice of the Chinese mechanism on ascertainment of foreign law is unsatisfactory. To clarify the uncertainties existing in the current mechanism, we need to properly integrate and coordinate Chinese legislating and cases relating to this issue, further refine the matter like how to establish evidence for proving the content of the law, what forms of evidence is acceptable and how to assess the obtained evidence.