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外国法查明制度是外国法适用的前提,是确保国际民商事交往正常秩序的重要法律条件,外国法查明制度的完善具有重大意义。然而,我国有关外国法查明的责任承担、查明途径和外国法查明不能的救济等问题,在审判实践中仍未能得到很好的解决。我国应当借鉴国外的有益经验,结合我国的实践,完善外国法查明制度,以便更合理的解决涉外民商事争议。
The system of ascertaining foreign law is a prerequisite for the application of foreign law, an important legal condition for ensuring the normal order of exchanges between the civil and commercial affairs, and the perfection of the system for ascertaining foreign laws is of great significance. However, our country has not yet been well resolved in the trial practice because of its responsibility to find out the foreign law, the ways to find out and the remedies that the foreign law can not find out. Our country should draw on the useful experience of other countries and combine with the practice of our country to perfect the system of checking out foreign laws in order to solve the disputes concerning civil and commercial affairs concerning foreign countries more reasonably.