China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Chinese Local Court to Standardize Ascertainment of Foreign Law

Tue, 18 Jan 2022
Categories: China Legal Trends

In Dec. 2021, the Nanjing Maritime Court issued the “Operating Procedures on the Ascertainment of Foreign Law (For Trial Implementation)” (hereinafter “the Procedures”, 关于外国法查明工作操作规程(试行)) to standardize the ascertainment of foreign law.

The Procedures mainly refines the requirements for ascertaining foreign law.

According to the Procedures, when Chinese and foreign legal experts or legal professional organizations provide opinions on foreign law, if the foreign law is statutory law, it is required to provide the full text or excerpts of the statutory law and the necessary explanation of the relevant legal provisions; otherwise, the latest cases and analysis of the facts and rules of adjudication of the case are required.

The Nanjing Maritime Court also compiled the “Case Compilation about Foreign Law Ascertainment of Nanjing Maritime Court China” and “The Case Compilation of Chinese Maritime Courts on the Application of International Maritime Conventions and Customs”, which has laid out the foundation for the ascertainment and application of foreign law.

According to our observation, China has witnessed a surge in demand for ascertaining foreign law since 2019. The Supreme People’s Court of China is also seeking solutions to meet that demand.

 

 

Cover Photo by 戸山 神奈 on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.