鉴于各国关于外国法的性质和查明途径的制度并不相同,为更好地调整涉外民商事法律关系,应在借鉴国外有代表性的理论与实践的基础上,结合我国的司法实践,构建符合我国司法实际的外国法查明途径:建立以当事人为主、法院有权对外国法进行查明的复合体系,以避免传统的外国法查明途径中的弊端。 In view of the differences in the nature of foreign law and the system of identifying ways, in order to better adjust the legal relationship between civil and commercial affairs concerning foreign affairs, we should draw lessons from the representative theories and practices of other countries and combine with the judicial practice in our country to construct Avenues of Fulfillment of Foreign Laws Complying with the Judicial Practice in China: To establish a composite system that focuses on the parties and the courts have the power to determine the foreign law so as to avoid the drawbacks of the traditional foreign law in finding ways.