Clear legislation of obligations of China's judicial institutions and parties in ascertainment of foreign law is not only the legal basis for the judicial institution and the parties concerned to fulfill their respective obligations of ascertainment, but also is the legal basis for checking whether they fulfill their obligations. It is directly related to the problem whether the foreign law that our country need apply and identify can be successfully identified and applied or not. However, there are still some problems in the current legislation of our country. There is no clear legislation of obligation subject of ascertainment of foreign law, no guiding ide-ology in the obligation subject of ascertainment, no rules for the ascertainment of our judicial institution in person, as well as the rules of the obligation of ascertainment of our judicial institution when the parties fail to provide foreign law are not reasonable. Now, the research on these issues in China is still not deep enough. The in-depth analysis on these issues is beneficial to further improve legislation of obligation of China's judicial institutions and parties in ascertainment of foreign law and develop the interna-tional civil and commercial relations in China coordinately.%明确的我国裁判机构与当事人分担查明外国法义务的立法,既是我国裁判机构与当事人履行各自查明义务的法律依据,也是检验他们是否履行了各自查明义务的法律依据,它直接关系着我国需要适用与查明的外国法能否得以顺利查明与适用的重要问题.然而,我国的现行立法尚存在一些问题,主要有对我国外国法查明义务主体、确定查明义务主体的指导思想、我国裁判机构的亲自查明缺乏明确规定以及对我国裁判机构在当事人未提供外国法时履行查明义务的规定不尽合理.我国学界对解决上述问题的分析与论述尚不够深入,对上述问题的深入探讨将有益于促进我国裁判机构与当事人分担查明外国法义务立法的完善和我国国际民商事关系的协调发展.
展开▼
