A SYSTEM FOR APPROACHES TO THE PROOF OF FOREIGN LAW IN CHINA
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DOI:
https://doi.org/10.55662/Keywords:
proof of foreign law, foreign-related litigation, China, approach to the proof of foreign lawAbstract
The proof of foreign law is one of the most important basic issues in foreign-related litigation and arbitration procedures. However, successful cases in proving and applying foreign law are rarely seen in China’s foreign-related trials, despite the fact that approaches and responsible subjects concerning such proof have been specified in China’s relevant judicial interpretations and the Article 10 of the Law of the People’s Republic of China on Choice of Law for Foreign-related Civil Relationships. In fact, this is closely related to the less operational regulations on the proof approaches and imperfect supporting mechanisms. In order to avoid the abuse of litigation rights and power, China should learn from its own experiences as well as examples of other countries to further improve its system for approaches to the proof of foreign law.China
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