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Li Jianzhong, On the Remodel of China’s Provisions about the Modes of Proof of Foreign Laws

source:法学院   The author:法学院   time:2021-01-08

Abstract: China's current legislation has no explicit provisions on the modes of proof of foreign laws. Though five ap- proaches for the proof of foreign laws listed in the Article 193 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China ( 1988) ,its closed enumerating model and illogical expression give rise to many omissions. In most of the bilateral judicial assistance treaties between China and other states,articles concerning the cooperation mechanisms for providing and exchanging legal information can be found in most cases, but those articles can hardly be implemented for the lack of corresponding domestic implementing mechanism. The deficiencies and omission of the system brought about the difficulties in applying the methods to prove the foreign laws. In response to the deficiency of the regulations on the mode of proof of foreign laws,China should remodel the rules for the modes of proof of foreign law by using the good experiences from Occident countries,adopting the open model multivariant pattern,fully absorbing various effective methods of foreign law ascertainment,and improving the rules of relevant applying procedures. 

Key Words: private international law; foreign laws; modes of proof


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Academics &Research

Li Jianzhong, On the Remodel of China’s Provisions about the Modes of Proof of Foreign Laws

法学院 · 2021-01-08

Abstract: China's current legislation has no explicit provisions on the modes of proof of foreign laws. Though five ap- proaches for the proof of foreign laws listed in the Article 193 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China ( 1988) ,its closed enumerating model and illogical expression give rise to many omissions. In most of the bilateral judicial assistance treaties between China and other states,articles concerning the cooperation mechanisms for providing and exchanging legal information can be found in most cases, but those articles can hardly be implemented for the lack of corresponding domestic implementing mechanism. The deficiencies and omission of the system brought about the difficulties in applying the methods to prove the foreign laws. In response to the deficiency of the regulations on the mode of proof of foreign laws,China should remodel the rules for the modes of proof of foreign law by using the good experiences from Occident countries,adopting the open model multivariant pattern,fully absorbing various effective methods of foreign law ascertainment,and improving the rules of relevant applying procedures. 

Key Words: private international law; foreign laws; modes of proof