Practical Dilemmas and Improvement Path to Identification and Application of Foreign Laws:An Empirical Analysis of 123 Foreign-related Civil and Commercial Cases in Qingdao
In the context of promoting the development of the SCO"Legal Intelligence Valley",the implementation of a system designed for the identification and application of foreign laws will have a more direct impact on foreign-related civil and commercial trials in Qingdao.An empirical study of 123 first-instance foreign-related civil and commercial cases found that in practice,only a few cases resulted in the identification and application of foreign laws;the parties'autonomy was limited;the judges'reasoning in applying the principle of the closest connection was insufficient;and the means of identification was overly dependent on the parties and the courts.The root causes of these dilemmas stem from the substantial costs associated with the identification and the absence of complementary paths for identification and application.Consequently,it is feasible to solve the dilemmas by fulfilling the court's obligation of identification,improving the judicial evaluation mechanism,exploring the mechanism of cooperation in identification,and establishing the system of entrusting identification.
identification of foreign lawsapplication of foreign lawsidentification responsibilityidentification pathSCO"Legal Intelligence Valley"
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