外国法查明是外国法适用的前提之一。我国在外国法查明制度的立法上,存在较大缺陷,司法实践中的一些基本问题仍未得到解决。因此,在借鉴国外相关法律制度,结合我国立法、司法实践现状的基础上,构建我国外国法查明程序,具有重大现实意义。本文认为在涉外民商事案件中,应当按照法律关系的不同,分配当事人、法官的查明责任,并对外国法查明的具体途径、庭审质证等程序作详细的设计。 Foreign law is one of the prerequisites for the application of foreign law. My country has a big flaw in the legislation of the foreign law in ascertaining the system, and some basic problems in judicial practice have not yet been solved. Therefore, on the basis of drawing lessons from relevant foreign legal systems and combining with the status quo of our country’s legislation and judicial practice, it is of great realistic significance to construct our country’s foreign law to find out the procedure. This paper argues that in the case of foreign-related civil and commercial affairs, the parties and judges should be assigned responsibility according to the different legal relations, and the detailed design of such procedures as the specific way of forensic examination and the proof of trial should be designed.