China's Supreme People's Court is trying to help Chinese judges better ascertain foreign law, and has established a one-stop platform for this purpose.
Ascertainment of Foreign Law in Chinese Courts
Courts in Shanghai are implementing a newly issued guidance on the ascertainment of foreign law, from which we can learn how Shanghai promotes a better mechanism for ascertaining foreign law.
China's Supreme People's Court (SPC) has been pushing all courts across the country to ascertain and apply foreign law as much as possible in the last three years.
China's Supreme Court Judge Gao Xiaoli Talks about the Ascertainment of Foreign Law in Chinese Courts
The post introduces one of the biggest difficulties encountered by Chinese courts in the trial of foreign-related civil and commercial cases: how to ascertain foreign law.
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.