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外国法查明是国家建设“一带一路”过程中准确审理涉外民商事案件的基础。鉴于我国当前的外国法查明制度的立法规范略显粗糙,暴露的理论和实务问题也较为突出,为了给“一带一路”提供司法保障,增强裁判的国际公信力,必须通过确定外国法查明的责任主体、制定外国法查明的后续补救措施、建立法官职业学习体系和平台、搭建“院校”合作的司法协助机制四种方式完善外国法查明制度。
The identification of foreign laws is the basis for the accurate handling of cases concerning foreign-related civil and commercial affairs during the process of state-building, “Belt and Road”. In view of the fact that China’s current legislation on the system of forensic investigation of foreign laws is somewhat rough and the theoretical and practical issues exposed are also prominent, in order to provide judicial guarantees for the Belt and Road and enhance the international credibility of the referees, Clarify the responsibility of the main body, formulate follow-up remedies identified by foreign law, establish a system and platform for judges’ professional learning, and set up four mechanisms of judicial assistance for cooperation with colleges and universities.