中国涉外民商事审判实践中的外国法查明制度重构分析-analysis on reconstruction of foreign law identification system in chinas foreign civil and commercial trial practice.docxVIP

哈尔滨工业大学法学硕士学位论文 哈尔滨工业大学法学硕士学位论文 II II Abstract Proof of foreign law is not only a basic theoretical problem of private international law, but also the key problem of proving and applying the foreign law in foreign civil and commercial judicial practice. In China, the application of proof of foreign law appeared disordered in the foreign judicial practice because the relevant legislation is not practical. At present, the theoretical research and system design on proof of foreign law of scholars in our country is mainly based on the way of traditional legal analysis. In recent years, the method of economics of the law in the field of international law is widely used, study the system of proof of foreign law through the analysis tools of the economics of the law, through the innovation of research method to enrich the theory of proof of foreign law in a new perspective, and provide effective guidance for foreign civil and commercial judicial practice in China. Firstly, expounded the status and importance of the system of proof of foreign law in private international law through three aspects of legislative, judicial and construction of legal order; then expounded the present situation of legislation and judicature of the system of proof of foreign law in our country, discussed the necessity of reconstructing the system of proof of foreign law in our country by analyzing the deficiencies and main problems in the field of legislation and judicature. Secondly, expounded the theory of private international law from the view of state standard, individual standard to social standard, and choosing the social standard as a theoretical perspective of this research; through the analysis of the relationship on law value evaluation standard of the value of justice and efficiency, provided the theoretical basis for the reconstruction of the system of proof of foreign law in our country; through the elaboration of the legislation and judicature of the system of proof of foreign la