Professor Shudian ZHANG
Professor Shudian ZHANG, the main author of this Report, is a professor of the Law School of Shenzhen University, holding a Ph.D. in Law and serving as a master's supervisor. She concurrently serves as a director of the Chinese Society of International Law, the Chinese Society of Private International Law, and the China Law Society of Basic Laws of Hong Kong and Macao SAR, and an executive director of the Guangdong Province Law Society of Basic Laws of Hong Kong and Macao SAR.
Content
I. Overall Planning: From Central Strategies and Judicial Deployments to Local Innovations
II. Full Process Coverage: From Jurisdiction and Applicable Law to Judgment Recognition and Enforcement
III. Rise Across All Fields: From Litigation and Non-Litigation to Compliance
IV. Comprehensive Means Development: From Parties Involved to Law Ascertainment Service Institutions
V. Comprehensive Program Design: Rule Improvement of the Foreign Law Ascertainment System
VI. Future Development of the Foreign Law Ascertainment System
Appendix: Selected Ten Typical Cases
In October 2014, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China deliberated and passed the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law (hereinafter referred to as the "Decision"). The Decision explicitly proposed the need to "strengthen the work of foreign-related legal affairs". In the same year, Benchmark Chambers International (now renamed "Benchmark Chambers International & Benchmark International Mediation Center", hereinafter referred to as "BCI&BIMC"), the country's first practical legal entity dedicated to providing foreign law ascertainment services, was established. Since then, law ascertainment service institutions have been established in various regions, making "foreign law ascertainment" a new type of specialized service, effectively broadening the channels for ascertaining foreign laws and promoting the development of the foreign law ascertainment system.
Over the past decade from 2014 to 2023, from central strategies to local policies; from the judicial deployments of the Supreme People's Court to the innovative explorations of local courts; from jurisdiction and law application to the verdict recognition and enforcement in resolving foreign-related civil and commercial disputes; from the field of foreign-related civil and commercial litigation to non-litigation fields such as mediation, notarization, and compliance; from the choice to apply the law of a foreign jurisdiction and ascertainment of foreign laws by parties themselves to the thriving development of law ascertainment service institutions; from the allocation of responsibility of foreign law ascertainment between the court and the parties, means of foreign law ascertainment to foreign law ascertainment review procedures, China's foreign law ascertainment system has been continuously improved, and the quality and efficiency of foreign law ascertainment practices have continued to increase, demonstrating the high-quality development of the system and capabilities of China's foreign-related rule of law.
I. Overall Planning: From Central Strategies and Judicial Deployments to Local Innovations
1. Central Strategies: Promote the Ascertainment and Application of Foreign Laws and Strengthen the Construction of Foreign-Related Rule of Law
General Secretary Xi Jinping emphasized the need to build a system and capabilities of foreign-related rule of law compatible with high-quality development and high-level opening-up requirements, and to accelerate the construction of the system and capabilities of China's foreign-related rule of law. With the implementation of China's Belt and Road Initiative, the planning and implementation of the Guangdong-Hong Kong-Macao Greater Bay Area, and the launch of free trade zones such as Guangdong, China is fully promoting a new pattern of comprehensive opening-up. In foreign-related civil and commercial exchanges, the correct application of foreign laws and the reasonable resolution of foreign-related civil and commercial disputes are crucial for creating an internationalized, law-based, and market-oriented business environment, as well as a good environment for international civil and commercial exchanges.
The central government attaches great importance to the construction of a system for resolving foreign-related civil and commercial disputes, including the ascertainment of foreign laws. In 2018, the Opinion Concerning the Establishment of the "Belt and Road" International Commercial Dispute Resolution Mechanism and Institutions proposed to "respect the rights of the parties from Belt and Road participating countries in respect of adopting different ways of dispute resolution and choosing domestic or foreign laws familiar to them… Establish the Belt and Road international commercial dispute resolution mechanism and institutions to create a stable, fair, transparent, and predictable business environment under the rule of law." The 2018 Plan for Further Deepening the Reform and Opening-up of the China (Guangdong) Pilot Free Trade Zone proposed "supporting the development of foreign law ascertainment centers" and "accelerating the construction of the 'Belt and Road' legal map. Make full use of international commercial courts and other Belt and Road dispute resolution mechanisms and institutions to resolve disputes fairly and efficiently, creating a good business environment." The 2019 Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area proposed "refining the mechanism for international commercial dispute resolution and developing an international arbitration center", "expediting the development of the legal service industry, and encouraging and supporting legal service organizations in providing services for theconstruction of the Belt and Road Initiative and Mainland enterprises going global." The promulgation and implementation of these important documents have pointed out the direction for the development of the foreign law ascertainment system and the construction of foreign-related rule of law.
2. Judicial Deployments: Promote the Ascertainment and Application of Foreign Laws to Escort High-level Opening-up.
The foreign law ascertainment is a crucial aspect of PRC courts accurately applying the law in the adjudication of foreign-related civil and commercial cases. The Supreme People's Court has successively issued several judicial documents to deploy and implement the foreign law ascertainment system.
These judicial documents include the Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the Belt and Road Initiativeby the People's Courts and the Opinions on Comprehensively Promoting Foreign-Related Commercial and Maritime Trials to Provide Strong Judicial Safeguard for the Building of an Open Economic System and Building a Strong Maritime Power in 2015. In 2016, there were the Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for the Development of the Yangtze River Economic Belt and the Opinions on the Provision of Judicial Safeguards for the Construction of Pilot Free Trade Zones. In 2018, there were the Procedural Rules for the China International Commercial Court of the Supreme People's Court and the Opinions on Providing Judicial Services and Protection for Hainan's Comprehensively Deepening Reform and Opening-up. In 2019, documents included the Several Measures to Provide Judicial Services for Deepening Integrated Development across the Taiwan Strait, Implementation of the Opinions on Deepening the Comprehensive and Supporting Reform of the Judicial System of the People's Courts—the Fifth Five-Year Reform Outline for the People's Courts (2019-2023),Opinions of the Supreme People's Court on Further Providing Judicial Services and Safeguards for the Construction of the Belt and Road Initiative by the People's Courts, and the Opinions of the Supreme People's Court on Providing Judicial Services and Protection for the Construction of the Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone. In 2020, there were the Guiding Opinions of the Supreme People’s Court on the on the Services and Guarantees of the People's Courts for Further Expanding Opening-up and Opinions on Supporting and Safeguarding Shenzhen in Building a Pioneering Demonstration Zone of Socialism with Chinese Characteristics. In 2021, documents included the Key Points of Judicial Reform Work of the People's Courts, Opinions on the People's Courts Providing Judicial Services and Guarantees to the Construction of Integrated National Demonstration Zone for Opening up the Service Sector and China (Beijing) Pilot Free Trade Zone, and the Minutes of the National Symposium on the Foreign-Related Commercial and Maritime Trial Work of Courts. In 2022, there were the Opinions on the People's Courts to Support and Safeguard the High-Standard Reform and Opening-up of the Pudong New Area to Build a Pioneer Area for Socialist Modernization, Opinions on Supporting and Guaranteeing the Comprehensive Deepening of the Reform and Opening-up of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, Opinions on Supporting and Guaranteeing the Construction of Guangdong-Macao In-Depth Cooperation Zone in Hengqin, and the Opinions on Providing Judicial Services and Guarantees for Accelerating the Construction of a Unified National Market. In 2023, there were the Opinions on Providing Judicial Services and Guarantees for Guangzhou Nansha to Deepen Comprehensive Cooperation between Guangdong, Hong Kong, and Macao with a Global Perspective and the 2nd Interpretation on Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships.
Over the past decade from 2014 to 2023, the Supreme People's Court issued judicial documents related to the foreign law ascertainment system, aiming to unify the standards for determining the applicable laws for foreign law ascertainment, enhance judicial transparency and predictability of foreign law ascertainment, and provide solid support for solving the long-standing problem of foreign law ascertainment that restricts the quality and efficiency of foreign-related civil and commercial trials.
3. Local Innovations: Promote the Ascertainment and Application of Foreign Laws and Explore Institutional Openness
The foreign law ascertainment and application contribute to enhancing China's internationalized and law-based business environment, ensuring high-quality openness, and have become an important aspect of institutional innovation in China's free trade zones or local areas. Various regions have introduced corresponding policies to support the exploration and innovation of the foreign law ascertainment and application system.
Article 78 of the 2019 Regulations on China (Guangdong) Pilot Free Trade Zone states that it promotes "the diversification of legal service provision methods such as foreign law ascertainment". Article 63 of the 2020 Regulations on China (Guangxi) Pilot Free Trade Zone proposes to "promote the diversification of legal services such as foreign law ascertainment". Article 20 of the 2021 Regulations of Qingdao Municipality on Optimizing the Business Environment encourages and supports scientific research institutes, legal service organizations, and industry associations to jointly establish a foreign law ascertainment mechanism, foreign law databases, expert databases, and case databases, etc., to provide foreign law ascertainment services for market entities. Article 70 of the 2022 revised Regulations on China (Zhejiang) Pilot Free Trade Zone proposes to support the development of professional and internationalized foreign law ascertainment and other legal services in the pilot free trade zone. Article 36 of the 2023 Regulations on Promoting the Construction of the International Commercial Arbitration Center in Shanghai Municipality proposes to support local universities, industry associations, chambers of commerce, etc., to cultivate professionals who provide services for arbitration in areas such as foreign law ascertainment. In 2023, the Standing Committee of the Guangdong Provincial People's Congress passed the Regulations on Promoting the Development of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin. Article 63 proposes to support the establishment of foreign law ascertainment service agencies in the cooperation zone according to law, providing foreign law ascertainment services including ascertainment services of laws of Macao and Portuguese-speaking countries (regions). Article 39 of the Regulations on the Investor Protection in the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of the Shenzhen Special Economic Zone proposes that the Shenzhen Qianhai Cooperation Zone People's Court takes the lead in promoting the reform of the foreign law ascertainment and application mechanism, expands channels and methods for foreign law ascertainment, and supports legal professionals from Hong Kong and Macao to provide foreign law ascertainment assistance for case trials, for the purpose of strengthening the application of foreign law ascertainment and application in protecting the legitimate rights and interests of cross-border commercial investment entities.
The vigorous rise of free trade zone construction has brought more opportunities for innovation and exploration to the development of China's foreign law ascertainment system. At the same time, the innovative practices of foreign law ascertainment widely recognized by market entities in free trade zone construction have served as replicable, referable, and promotable successful experiences. Such practices have also played a demonstrative and leading role nationwide and further promoted the development of China's foreign law ascertainment and application system.
II. Full Process Coverage: From Jurisdiction and Applicable Law to Judgment Recognition and Enforcement
It is generally believed that the foreign law ascertainment system is primarily applied during the law application stage of foreign-related civil and commercial cases. Through accurate ascertainment and application of foreign laws, fair resolutions can be achieved for foreign-related civil and commercial disputes between parties. With the continuous advancement of China's high-level openness, foreign law ascertainment has gradually permeated the entire process of resolving foreign-related civil and commercial disputes. This encompasses every stage from jurisdiction determination to the application of foreign laws, and extends to the judicial assistance stage of recognizing and enforcing foreign judgments. Each stage of resolving foreign-related civil and commercial disputes may involve issues of foreign law ascertainment and application.
Litigation and arbitration are the two mechanisms for resolving foreign-related civil and commercial disputes. If parties choose arbitration, litigation is excluded. Therefore, whether there is a valid arbitration agreement between the parties is closely related to whether the case can be submitted to arbitration, directly affecting the determination of the dispute resolution mechanism. For foreign-related arbitration agreements, PRC law allows parties concerned to choose the laws applicable to arbitral agreement by agreement. If the parties do not choose, the laws at the locality of the arbitral institution or law of the seat of arbitration shall apply. [1]Therefore, if parties to a foreign-related arbitration agreement agree to apply foreign laws, or designate a foreign arbitral institution or a foreign place of arbitration, any dispute over the validity of the foreign-related arbitration agreement between the parties shall be resolved by applying foreign laws. The application of foreign laws directly affects the determination of the dispute resolution mechanism for the case.
In foreign-related civil and commercial cases involving two or more jurisdictions, there are maybe conflicts between the civil and commercial laws of these jurisdictions. In such situations, it is necessary to determine the law applicable to the case with the guidance of the conflict-of-laws rules. The law applicable to foreign-related civil and commercial cases may be foreign laws, international treaties, or international conventions. The Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships has established an open and inclusive system for the application of foreign laws, providing a broad space for the ascertainment and application of foreign laws. On the one hand, except for divorce litigation, which explicitly requires the application of the law of the forum, and three types of investment contracts performed in Mainland China (Sino-foreign joint venture contracts, Sino-foreign cooperative enterprise contracts, Sino-foreign cooperative exploration or development of natural resources contracts) require the application of PRC law. For other foreign-related civil and commercial cases, it is necessary to determine whether the law applicable to the case is PRC law or foreign laws based on the specific circumstances of the case and the connecting factors adopted by the conflict-of-laws rules. Therefore, there are sufficient opportunities for the ascertainment of foreign laws to be applied. On the other hand, in the field of foreign-related civil and commercial disputes that allow the application of foreign laws, PRC law adheres to the principle of equality of domestic and foreign legal systems and fully respects the application of foreign laws. Taking international commercial contracts as an example, PRC law allows parties concerned to choose the law applicable to foreign-related contract disputes through the autonomy of will. Parties can choose PRC law, laws of Hong Kong, Macao, and Taiwan regions of China, foreign laws, international treaties, or international conventions. Unless otherwise stipulated, PRC law does not require that the law chosen by the parties through the autonomy of will needs to have an actual connection with the contract involved. Parties concerned have a wide range of options for foreign laws, and there is a broad space for the ascertainment and application of foreign laws in the determination of applicable law stage.
According to the practice of applying the law of forum to the litigation procedures, when recognizing and enforcing foreign judgments, the people's courts generally apply PRC law. However, to regulate judicial assistance matters, both international treaties and domestic laws stipulate review items for the recognition and enforcement of foreign judgments. To coordinate conflicts in procedural laws among various jurisdictions related to the relevant review items, conflict-of-laws rules have also been introduced into legislation to determine the law applicable to procedural matters. In such situations, when the applicable law is a foreign law, it also involves foreign law ascertainment and application. For example, under PRC law, the recognition and enforcement of foreign court judgments by PRC courts must be based on treaties or reciprocity. If, according to the law at the locality where the foreign court is located, the civil and commercial judgments rendered by the people's courts can be recognized and enforced by the courts of that jurisdiction, it can be considered that there is a reciprocal relationship. [2]The identification of the reciprocity principle requires the ascertainment and application of the law at the locality where the foreign court is located. For another example, in the recognition and enforcement of foreign court judgments, under PRC law, it also requires a review of the indirect jurisdiction of foreign courts. If "the foreign court has no jurisdiction over the case according to its law, or although it has jurisdiction according to its law, it has no appropriate connection with the dispute involved in the case", [3]it shall be deemed that the foreign court has no jurisdiction over the case. Therefore, when recognizing and enforcing foreign civil and commercial judgments, Chinese courts need to ascertain and apply the law at the locality where the foreign court is located to review the jurisdiction of the foreign court.
Over the past decade from 2014 to 2023, in addition to solving substantive legal issues of cases, the foreign law ascertainment system has also been extended to the procedural issues of dispute resolution, achieving full-process coverage of foreign-related civil and commercial dispute resolution.
III. Rise Across All Fields: From Litigation and Non-Litigation to Compliance
For a long time, the ascertainment and application of foreign laws have primarily been concentrated in the field of resolving foreign-related civil and commercial disputes. The main reasons are as follows. Firstly, the legal system of Mainland China has established relatively flexible criteria for identifying foreign-related civil and commercial disputes. As long as the nationality or habitual residence of the civil subject, the subject matter of the lawsuit, or the circumstances surrounding the creation, alteration, or termination of legal relationships involve a foreign legal jurisdiction, or if the case contains other elements that can be identified as foreign-related, the people's courts can recognize the case as a foreign-related civil and commercial one.[4] The broad and flexible criteria for assessing a case's foreign-related nature facilitate the identification of more cases as foreign-related civil and commercial ones, thereby presenting more opportunities for the ascertainment and application of foreign laws in dispute resolution. Secondly, in judicial practice, the people's courts have further explored expanding the scope of cases where parties involved can choose to apply foreign laws for dispute resolution. According to the 2022 Opinions of the Supreme People's Court on Supporting and Guaranteeing the Comprehensive Deepening of the Reform and Opening-up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, the Shenzhen Qianhai Cooperation Zone People's Court is supported in its application for authorization to pilot and explore mechanisms for the application of foreign laws. On the condition that the basic principles of PRC law are not violated, and national sovereignty, security, and public interests are not compromised, enterprises from Hong Kong, Macao, Taiwan, and foreign-invested enterprises registered in the Qianhai Cooperation Zone are permitted to mutually agree on the application of foreign laws to resolve contract disputes or to apply international treaties, conventions, and commercial rules for dispute resolution. Article 57 of the Regulations of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone in the Shenzhen Special Economic Zone proposes that when one party to a civil and commercial contract is an enterprise from Hong Kong, Macao, Taiwan, or a foreign-invested enterprise registered within the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone ("Qianhai Cooperation Zone"), they have the liberty to mutually agree on the law applicable to the contract. Additionally, contracts fulfilling certain criteria within the Qianhai Cooperation Zone permit parties involved to opt for the application of foreign laws, international treaties, or international conventions in dispute resolution, thereby generating more demand for the ascertainment and application of foreign laws in the dispute resolution.
In recent years, the foreign law ascertainment system has gradually expanded its application to diversified dispute resolution mechanisms such as arbitration, mediation, and notarization. For example, in the field of foreign-related marriage, family affairs, and inheritance, parties concerned widely use notarization to handle relevant matters. According to PRC law, statutory inheritance applies the law of the habitual residence of the deceased at the time of death, while the statutory inheritance of real estate applies the law of the place where the real estate is located. If the form of a will conforms to the law of the testator's habitual residence at the time of making the will or at the time of death, the law of the testator's nationality, or the law of the place where the will was made, the will is considered valid. The effectiveness of the will applies the law of the testator's habitual residence at the time of making the will or at the time of death, or the law of the testator's nationality. Therefore, when notarization agencies handle foreign-related inheritance notarization matters, if the conflict-of-laws rules point to foreign laws, notarization agencies also need to address the ascertainment and application of foreign laws.
At the same time, an increasing number of Chinese enterprises are expanding abroad for cross-border investments. These enterprises need to understand the laws and policies of the host country in various fields, including politics, economics, and culture, to comprehensively assess the legal feasibility of their foreign investment and trade activities. Consequently, more and more enterprises need to ascertain and apply foreign laws to conduct compliance investigations and strengthen compliance supervision, thereby preventing and avoiding potential legal risks. The ascertainment and application of foreign laws are gradually moving to the compliance stage before disputes arise, safeguarding enterprises' foreign investments and trade.
It is worth noting that in the realm of foreign law ascertainment, a new trend has begun to emerge: providing PRC law ascertainment services to overseas clients or institutions. In foreign court proceedings involving the application of PRC law, overseas clients or institutions can seek the assistance of law ascertainment service institutions in Mainland China to clarify relevant PRC law provisions. Foreign law ascertainment services have thus evolved from solely providing foreign law ascertainment service to the people's courts and parties in Mainland China to also providing PRC law ascertainment service to foreign courts and parties, representing a new form of reciprocal law ascertainment.
IV. Comprehensive Means Development: From Parties Involved to Law Ascertainment Service Institutions
As early as 1988, the Supreme People's Court clarified multiple means for the ascertainment of foreign laws, such foreign laws shall be provided as follows: by the parties; by the central authorities of the contracting parties with whom China has judicial agreements; by the Chinese embassies or consulates in the relevant country; by the embassies of the relevant country in China; by Chinese and foreign legal experts.[5] In judicial practice, certain means, such as those involving treaties and embassies or consulates, have not played their expected roles in foreign law ascertainment due to the lack of operable procedural norms.[6] The means involving Chinese and foreign legal experts often raises questions about how to recognize the qualifications or scope of these experts and how to determine the validity and nature of their opinions.[7] Consequently, in most foreign-related civil and commercial cases, the people's courts often rely on, and sometimes exclusively adopt, the means of "the parties involved providing the relevant information themselves". Such practice has led to criticism that courts are shifting the responsibility for foreign law ascertainment onto the parties concerned.[8] The means for foreign law ascertainment is crucial to whether foreign law ascertainment is effectively conducted, so there is an urgent need to develop more effective means for foreign law ascertainment.
The year 2014 was significant in the development of foreign law ascertainment means. In February of that year, the BCI&BIMC was established, marking the first independent legal entity in China to provide specialized services for foreign law ascertainment. This innovative initiative was selected as a "System Innovation Case of the Guangdong Pilot Free Trade Zone". In 2022, the National Development and Reform Commission recognized the establishment of the BCI&BIMC, with its core business being foreign law ascertainment, as one fruit of the "Shenzhen Experiences in Exploring a Law-based Business Environment with Pilot Demonstration Standards". In May 2014, the Supreme People’s Court ASEAN Legal Research Base was established by taking as an underpinning China-ASEAN Legal Research Center of Southwest University of Political Science and Law;[9] in November 2014，the Foreign Law Ascertainment and Research Center of China University of Political Science and Law was established;[10] in December 2014, the East China University of Political Science and Law Center for Proof of Foreign Law was established[11]；and in 2016，the Wuhan University Center of Ascertainment of Foreign Law was established.[12] Over the decade, law ascertainment service institutions have emerged rapidly, yielding unusually brilliant results in the field of foreign law ascertainment.
(1) Diversification of organizational Models for Foreign Law Ascertainment Legal Service Institutions. Various regions have established foreign law ascertainment institutions, primarily following two organizational models. The first model is Private Non-Enterprise organization Model. The BCI&BIMC pioneered this model for foreign law ascertainment legal service institutions. It operates as a private non-enterprise entity with the Justice Bureau of Shenzhen Municipality as the supervisory unit. This model delineates "foreign law ascertainment services" from what was traditionally "expert consultation opinions", transforming it into a new specialized legal service. This model has been subsequently adopted by other institutions. As of May 9, 2024, searches within the National Civil Administration Information System show three other private non-enterprise institutions with "foreign law ascertainment" in their names: Shanghai oriental Foreign Law Discerning Center, Jinan Retio Foreign Law Ascertainment Center, and Xiamen Jingu Foreign Law Ascertainment Center. The second model is University-Based Model. Some universities, leveraging their strengths in international law research, library resources, and international cooperation and exchange, have established foreign law ascertainment centers. Examples include the Research Center for Foreign Law Ascertainment of China University of Political Science and Law, the China-ASEAN Legal Research Center of Southwest University of Political Science and Law, the East China University of Political Science and Law Center for Proof of Foreign Law, the Wuhan University Center of Ascertainment of Foreign Laws, the Shanghai Maritime University Research Center of Ascertainment of Foreign Laws, and the China-Central Asia Legal Ascertainment and Research Center of Northwest University of Political Science and Law. Additionally, some universities have collaborated with local courts to establish joint ascertainment centers tailored to local needs. For example, the High People's Court of Shaanxi Province and Northwest University have jointly established a foreign law ascertainment base; the High People's Court of Xinjiang Uygur Autonomous Region and Xinjiang University have collaborated to establish the Ascertainment and Research Center of Foreign Laws in Countries Along the "Silk Road Economic Belt"; and the Intermediate People's Court of Xiamen City of Fujian Province and the Taiwan Research Institute of Xiamen University have jointly formed the "Taiwan Region Law Ascertainment and Research Center".
(2) The Gradual Development of Foreign Law Ascertainment Platforms and Databases. For instance, since 2017, under the deployment and support of the Authority of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone of Shenzhen (“Qianhai Authority”), the BCI&BIMC and the Law Press China have jointly established the nation's first comprehensive Chinese version Belt and Road legal database—the Database of Legal Map of Belt and Road. This database provides information search services on the legal systems, legal risk assessments, international arbitration, and mediation of relevant countries along the Belt and Road. By the end of 2023, over 1,000 laws, regulations, and case laws related to trade and investment from 69 countries and regions along the Belt and Road, totaling more than 10 million words, had been translated. These resources are presented in three formats: the online "Macro Legal Map" and "Micro Legal Map", as well as legal publications of key countries and regions, becoming a significant achievement in the construction of the Qianhai Shenzhen-Hong Kong International Legal-Services District[13]. The Guangzhou Intermediate People's Court launched the "Foreign Law Ascertainment Access" platform, which features functions for case retrieval, foreign law searches, and statistical analysis of foreign law ascertainment. Users can directly access the foreign law ascertainment platform of the Supreme People's Court's International Commercial Court with one click, linking to five foreign law ascertainment institutions and eight legal and regulatory resource libraries. This experience of the Guangzhou Intermediate People's Court was documented in the "Blue Book on Rule of Law: Report on the Development of Informatization of PRC Courts No.8 (2024)"[14] written by the Institute of Law, Chinese Academy of Social Sciences. The China-ASEAN Legal Research Center has developed a database and service platform for the foreign law ascertainment services of countries or regions along the Belt and Road. By 2021, the ASEAN law database had included more than 400,000 entries[15]. Moreover, the launch of online platforms such as the Beijing Court's One-Stop Diversified Resolution Center for International Commercial Disputes, Shanghai Court's One-Stop Platform for International Commercial Dispute Resolution, and Zhejiang Court's Online Application for Foreign Law Ascertainment has greatly facilitated judges and relevant parties, significantly improving the efficiency and quality of foreign law ascertainment work.
(3) Gradual Standardization of the Operations of Law Ascertainment Service Institutions. To enhance the standardized operation of foreign law ascertainment services, these institutions have formulated rules for foreign law ascertainment. For instance, the BCI&BIMC developed the first domestic rule document for foreign law ascertainment services, titled Rules of Ascertainment of Law of Benchmark Chambers International (for Trial Implementation) in 2014. In 2024, it revised and promulgated the Rules of Ascertainment of Law of BCI&BIMC. East China University of Political Science and Law drafted and released the Model Text for Foreign Law Ascertainment Entrustment Agreement in 2015. Additionally, the Foreign Law Ascertainment and Research Base at China University of Political Science and Law has formulated the Regulations on Accepting Commissions for Ascertainment of Foreign Laws.
(4) Strengthening Cooperation Between Law Ascertainment Service Institutions and Foreign Institutions or Legal Experts. For more accurate ascertainment of foreign laws, some law ascertainment service institutions have incorporated legal experts from other countries or regions as foreign law ascertainment experts and have engaged in cooperative partnerships with foreign institutions. For example, the China-ASEAN Legal Research Center has signed cooperation and exchange agreements with legal and law organizations such as the Ministry of Justice of Cambodia, the Ministry of Justice of Laos, the Ministry of Legal Affairs of Myanmar, the ASEAN Law Association, the Judicial Training Institute of Thailand, as well as law firms and universities in ASEAN countries. It has signed cooperation agreements with over 30 units, including the Ministry of Justice of Cambodia and Laos, the ASEAN Law Association, the Judicial Training Institute of Thailand, and more than 20 law firms in ASEAN countries. BCI&BIMC' has established a network of legal experts across 192 jurisdictions worldwide. They have created a categorized expert database based on factors such as the expert's country, professional expertise, and years of practice. Currently, the database includes 2,478 legal experts.
(5) Increasing Recognition of Services Provided by Law Ascertainment Service Institutions. The number and types of cases where foreign law ascertainment service institutions provide services are gradually increasing, and courts in various regions are also establishing collaborations with law ascertainment service institutions. For example, the BCI&BIMC has established partnerships with more than 40 dispute resolution institutions in Beijing, Guangdong, Shanghai, Zhejiang, Jiangsu, Shandong, and Hainan. The East China University of Political Science and Law Center for Proof of Foreign Law has partnered with the Shanghai High People's Court, Ningbo Intermediate People's Court, Qingdao Intermediate People's Court, Quanzhou Intermediate People's Court, and Guangzhou Maritime Court, among others. The China-ASEAN Legal Research Center of Southwest University of Political Science and Law has established collaborations with the Nanning Intermediate People's Court, the Primary People's Court of Chongqing Liangjiang New Area (Free Trade Zone)，Quanzhou Municipal People's Government and People's Procuratorate of Honghe Prefecture, and others.
(6) Gradual Integration of Resources by Law Ascertainment Service Institutions. On September 20, 2015, with the support of the China Law Society, the "China Hong Kong, Macao, Taiwan, and Foreign Law Ascertainment and Research Center" (hereinafter referred to as the "Research Center") was established as a nationwide initiative. It was jointly built by the BCI&BIMC, the Foreign Law Ascertainment and Research Center of China University of Political Science and Law, the China-ASEAN Legal Research Center of Southwest University of Political Science and Law, and the Law Press, China, and it is based in Shenzhen Qianhai. With the support of relevant parties, the "Qianhai Legal Intelligence Forum", utilizing the Research Center as a platform and focusing on law ascertainment as its unique perspective, has organized exchanges on international law, national laws, and regional laws, achieving positive results.
(7) Gradual Emergence of Brand Effect of Law Ascertainment Service Institutions. On November 29, 2019, the Supreme People's Court launched the Foreign Law Ascertainment Platform on the China International Commercial Court website, marking the official establishment of a unified national platform for foreign law ascertainment by courts across the country. There are five institutions listed in the professional institutions section of the Foreign Law Ascertainment Platform: the ASEAN Legal Research Base of Southwest University of Political Science and Law, the Hong Kong, Macao, Taiwan, and Foreign Law Ascertainment Base at the BCI&BIMC, the Foreign Law Ascertainment and Research Base of China University of Political Science and Law, the East China University of Political Science and Law Center for Proof of Foreign Law, and the Wuhan University Center of Ascertainment of Foreign Laws. According to statistics, from May 2023 to May 2024, the Platform received 14,189 views.
V. Comprehensive Program Design: Rule Improvement of the Foreign Law Ascertainment System
The foreign law ascertainment system encompasses multiple aspects, including entities who provide foreign law ascertainment, allocation of responsibility of foreign law ascertainment between the court and the parties, means of ascertainment , review and application, and the determination and resolution of ascertainment failures. This requires a systematic set of rules. However, for a considerable period before 2010, China's foreign law ascertainment system primarily relied on Article 193 of the 1988 Opinions of the Supreme People's Court on Questions Concerning the Implementation of the General Principles of Civil Law of the People's Republic of China (for Trial Implementation), which only specified the means for foreign law ascertainment. With the enactment of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships in 2010, China established a foreign law ascertainment responsibility system, primarily led by the courts with supplementary efforts by the parties concerned. In 2012, the Interpretation Ion Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court further clarified related issues of foreign law ascertainment and application. The Procedural Rules for the China International Commercial Court of the Supreme People's Courtpassed in 2018 and amended in 2023 further regulated the means for foreign law ascertainment. Legislation and judicial interpretations have promoted the systematic development of the foreign law ascertainment system, but they still cannot completely resolve issues in judicial practice, such as unclear allocation of responsibility of foreign law ascertainment between the court and the parties, limited ascertainment means, non-standardized ascertainment procedures, and inconsistent standards for identification.
Local courts have begun exploring the introduction of related foreign law ascertainment rules. For example, Shenzhen Qianhai Cooperation Zone People's Court has successively issued Rules for Ascertaining Foreign Law, Guidelines for Adjudication of Cases Applying Foreign Law (Trial),Guidelines for Correctly Identifying Hong Kong-Related Factors in Civil and Commercial Cases, and Several Provisions on In-depth Implementation of Foreign Law Ascertainment and Application in Cases involving Foreign, Hong Kong, Macao, and Taiwan Related Factors. Beijing No. 4 Intermediate People's Court formulated the Handbook on Foreign Law Ascertainment Guidelines. Guangzhou Intermediate People's Court issued Operational Guidelines for Foreign Law Ascertainment (Trial) and Guidelines for Foreign Law Ascertainment in Debate Session (Trial). The Xiamen Maritime Court established Rules for Foreign Law Ascertainment. The Primary Court of Chongqing Liangjiang New Area (Free Trade Zone)t issued Guidelines for Law Ascertainment Mechanism of Countries along the New International Land-Sea Trade Corridor. Jilin High People's Court issued Interim Measures for Foreign Law Ascertainment. Nansha People's Court of the Guangdong Free Trade Zone formulated Procedures for Foreign Law Ascertainment and Application, among others. Some local courts have developed highlights and characteristics in foreign law ascertainment through practical exploration. For instance, Beijing No. 4 Intermediate People's Court comprehensively sorted out common foreign law ascertainment issues in foreign-related commercial trials, such as the capacity of commercial entities, contract validity, and scope of guarantee liability. A Collection of Typical Cases of Foreign Law Ascertainment was complied to provide references for judges in daily trials. Meanwhile, they accurately grasp the applicable law issues in foreign-related commercial cases, strengthen cooperation with renowned legal ascertainment service institutions, and ensure rigorous accuracy in legal application. For example, in a dispute over equity transfer between Qu and Chen, the court applied PRC law and the law of California, United States, as the governing law for the performance of the equity transfer contract and the determination of shareholder qualifications, respectively.[16] Shenzhen Qianhai Cooperation Zone People's Court, based on cooperation with professional law ascertainment service institutions, ascertains foreign law with the assistance of foreign law experts appointed by the court (who often also serve as jurors and mediators) and strengthens comparative law research on Hong Kong-related cases. Suzhou International Commercial Court focuses on cultivating foreign-related legal talents, introducing a "1+2+3+N" talent training system and a high-quality adjudication strategy to improve the quality of foreign-related trials.[17] In a transnational equity dispute case, the court simultaneously applied theCompany Law of the People's Republic of China and the the Commercial Code of the Federal Democratic Republic of Ethiopia, and the effective judgment was recognized and enforced by Ethiopian administrative departments.[18]
Based on the latest developments in foreign-related judicial practice, on December 1, 2023, the Supreme People's Court issued the Interpretation II on Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships (hereinafter referred to as the "Interpretation II"). This is the first judicial interpretation in China specifically targeting the ascertainment and application of foreign laws. It directly addresses the common challenges and difficult issues in the judicial practice of applying foreign laws, marking the formal establishment of a systematic and standardized mechanism for the ascertainment of foreign laws within the jurisdiction.
(1) Reaffirming the Responsible Entities for Foreign Law Ascertainment. The debate over whether foreign law shall be ascertained by the court or by the parties stems from differing views on whether foreign law is considered a fact or a legal issue. [19]China's Law on the Application of Laws to Foreign-Related Civil Relations allocates the responsibility for ascertaining foreign law between the court and the parties based on the basis for applying foreign law. However, in judicial practice, there often remains confusion regarding the responsible entities for foreign law ascertainment. Interpretation II reaffirms the provisions of the Law on the Application of Laws to Foreign-Related Civil Relations regarding the responsible entities for ascertainment, confirming the continuity of the ascertainment responsibility system. It states that "when the people's courts try foreign-related civil and commercial cases and apply foreign law, they shall ascertain the law of that country or region according to the provisions of the first paragraph of Article 10 of the Law on the Application of Laws to Foreign-Related Civil Relations. It also states that "if the parties choose to apply foreign law, they should provide the law of that country or region. If the parties have not chosen to apply foreign law, the people's court shall ascertain the law of that country or region." [20] At the same time, Interpretation II further clarifies that when the people's court requests the parties to assist in providing foreign law through the "provided by the parties" means, it cannot conclude that foreign law cannot be ascertained solely because the parties have not provided assistance.[21] This clarification delineates the relationship between the "provided by the parties" means and the ascertainment responsibility of the parties, addressing the issue in judicial practice where courts shift the responsibility for foreign law ascertainment onto the parties.
(2) Innovating Means for Foreign Law Ascertainment. According to Interpretation II, mainland courts can ascertain foreign law through the following means: provided by the parties; provided by the central or competent authorities of the other party through judicial assistance channels; provided by Chinese embassies or consulates in the relevant country or by the country's embassies or consulates in China upon request by the Supreme People's Court; provided by participants in foreign law ascertainment cooperation mechanisms established or participated in by the Supreme People's Court; provided by experts from the Supreme People's Court International Commercial Expert Committee; provided by foreign law ascertainment service institutions or Chinese and foreign legal experts; other appropriate means.[22] Among these means, some are continuations of existing means, such as those provided by the parties or other appropriate means. Some of the above-mentioned means merge original means but enhance their operability. For example, the embassy and consulate means merges the original "provided by Chinese embassies and consulates in the relevant country" and "provided by the country's embassy in China" and specifies that the request must be made through the Supreme People's Court. Some means expand on the original means, such as the "through judicial assistance channels" means, which adds a request for foreign law ascertainment based on reciprocity in addition to treaties. Some means incorporate recent judicial practice experiences, such as those provided by foreign law ascertainment service institutions or experts from the Supreme People's Court International Commercial Expert Committee. Some means are newly added, such as "provided by participants in foreign law ascertainment cooperation mechanisms established or participated in by the Supreme People's Court." In 2021, the Supreme People's Court and the Supreme Court of Singapore signed a "Memorandum of Understanding on Cooperation on Information on Foreign Law," establishing a means for mutual provision of foreign law ascertainment information through requests. Overall, the judicial interpretation further enriches and broadens the means for foreign law ascertainment.
(3) Standardizing Review Standards and Procedures. Before the issuance of Interpretation II, there was a lack of detailed procedural norms regarding how parties should provide foreign law ascertainment materials and how courts should ascertain and apply foreign law.[23] Interpretation II defines the relevant procedures for foreign law ascertainment: First, it clarifies the formal requirements for providing foreign law. If a party provides foreign law, they should submit the specific provisions of the foreign law, explain the means by which it was obtained, its effectiveness, and its relevance to the dispute. If the foreign law is case law, the full text of the case should also be submitted. If foreign law is provided by a foreign law ascertainment service institution or legal expert, they must also submit proof of the institution's qualifications, the identity and qualifications of the legal expert, and a written statement declaring no interest in the case.[24] Second, it clarifies the review procedure for foreign law. The ascertained foreign law materials should be presented in court. The court should hear the opinions of all parties on the content, understanding, and application of the foreign law. The court may also convene pre-trial meetings or use other appropriate methods to determine the scope of the foreign law that needs to be ascertained. If necessary, the court may notify the foreign law ascertainment service institution or legal expert who provided the foreign law to appear in court for questioning or to accept questioning online. [25]Third, it clarifies the confirmation procedure for foreign law. If the parties have no objections to the content, understanding, and application of the foreign law, the people's court may confirm it; if there are objections, reasons should be provided. If necessary, the people's court may conduct supplementary ascertainment or require the parties to provide additional materials. If the parties still have objections after supplementary ascertainment or providing additional materials, the people's court will review and determine the foreign law. If the content of the foreign law has been determined by a final judgment of the people's court, it should be confirmed unless there is sufficient contrary evidence to overturn it.[26] Fourth, it refines the standards for determining the inability to ascertain foreign law. If a party chooses to apply foreign law but fails to provide it within the timeframe determined by the people's court without a valid reason, the people's court may determine that the foreign law cannot be ascertained. [27]When the court finds that foreign law cannot be ascertained while hearing a case which the certain foreign law shall apply to, the reasons for the inability to ascertain the law should be stated. However, the people's court cannot determine that foreign law cannot be ascertained solely because the parties did not provide assistance.[28]
(4) Clarifying Other Related Issues of Foreign Law Ascertainment. Regarding the costs of ascertaining foreign law, if the parties have an agreement, that agreement shall prevail. In the absence of an agreement, the people's court may determine the burden of these reasonable costs when making a judgment, based on the parties' claims and the specific circumstances of the case. [29]When ascertaining the laws of the Hong Kong and Macao Special Administrative Regions, the people's court may refer to this judicial interpretation, except where the law provides otherwise.[30]
VI. Future Development of the Foreign Law Ascertainment System
A comprehensive, efficient, and operable foreign law ascertainment system is an essential support for courts in applying foreign law to resolve foreign-related civil and commercial disputes. It is also a crucial component in creating a law-based and internationalized business environment in China. As China's high-speed development of opening up to the outside world and the construction of its foreign-related legal system progresses, the field of foreign law ascertainment will continue to advance vigorously, fully playing its significant role in supporting China's foreign-related legal construction. This will be mainly manifested in:
(1) The Demand for Foreign Law Ascertainment Will Become Long-Term and Normalized. The Belt and Road Initiative will further promote economic and trade cooperation and exchanges between China and the countries along the route. Cross-border investment and trade activities, which involve the laws of different countries, can easily lead to legal disputes. At the same time, to better participate in global economic competition, various countries are timely adjusting and improving their legal systems and formulating new legal norms. To adapt to the new developments and changes in international legal systems and to avoid legal risks in foreign investment and trade, the demand for foreign law ascertainment by enterprises will continue to grow. Consequently, foreign law ascertainment activities will become a long-term and routine part of enterprises' foreign investment and trade operations.
(2) New Hotspots Will Emerge in the Field of Foreign Law Ascertainment. Currently, the global society, economy, and technology are rapidly evolving, leading to the emergence of new hotspots in international law development. From environmental protection to climate change, gender equality to labor protection, corporate compliance to international anti-corruption cooperation, artificial intelligence to digital rights protection, new legislative areas will spark new demands for foreign law ascertainment. On the other hand, with the cross-border movement of people, the number of foreign-related marriages is increasing, and the diversification of cross-border family assets is becoming more pronounced. Disputes in the traditional fields of foreign-related marriage, family, and inheritance are gradually becoming prominent. The intense legal conflicts in the areas of marriage, family, and inheritance across different countries harbor a significant demand for the ascertainment and application of foreign law.
(3) The Quality and Efficiency of Foreign Law Ascertainment Will Be Significantly Enhanced. After a decade of development, the concept of foreign law application has been widely accepted and recognized. Parties involved in the resolution of foreign-related civil and commercial disputes are paying more attention to the impact of foreign law application on the outcomes of their cases. Judicial authorities have accumulated extensive experience in the ascertainment and application of foreign law, and the operations of foreign law ascertainment legal service institutions have become more standardized. The use of the Internet, big data, and artificial intelligence technologies will help improve the efficiency and accuracy of foreign law ascertainment. These factors will collectively drive further improvements in the quality and efficiency of foreign law ascertainment.
(4) Foreign Law Ascertainment Legal Services Will Highlight Specialized Operations. The role and influence of law ascertainment service institutions in the field of foreign law ascertainment are growing. There is a need to further standardize and enhance the professional level of these institutions. Therefore, by improving the operating mechanisms of law ascertainment service institutions, establishing entry and exit mechanisms, and enhancing their professional service capabilities, efforts will be made to create a group of highly professional, strong brand-effect, internationally renowned, and influential foreign law ascertainment legal service institutions. This will provide bilateral law ascertainment services for the introduction of foreign enterprises and the international expansion of Chinese enterprises.
(5) Improving the Foreign Law Ascertainment System Will Focus on Authority and Accuracy. On the one hand, to improve the foreign law ascertainment system, it is necessary to further expand national-level means for foreign law ascertainment. This includes establishing procedural rules for PRC courts to initiate treaty-based foreign law ascertainment, effectively activating the provisions in bilateral judicial assistance treaties that China has signed regarding the mutual provision of legal information by the contracting states, and exploring mechanisms for the mutual sharing of legal and case information between PRC courts and foreign courts. By expanding national-level foreign law ascertainment cooperation mechanisms, the authority of foreign law ascertainment will be enhanced. On the other hand, improving the foreign law ascertainment system requires standardizing the review and recognition standards for expert opinions on foreign law ascertainment by judicial authorities. This involves establishing a "detailed reasoning and explanation" system for judgments applying foreign law, standardizing and clarifying the cost-bearing mechanism for foreign law ascertainment, and creating a case guidance system and a system for consistent adjudication of similar cases. By improving the supporting measures for the application and ascertainment of foreign law, the accuracy of foreign law ascertainment will be increased.
In the new era, the foreign law ascertainment mechanism has become an important aspect of national foreign-related legal construction. It effectively addresses the issue of asymmetric legal information, providing a fundamental guarantee for the correct understanding and application of foreign laws. From 2014 to 2023, China’s foreign law ascertainment mechanism has gone through a stage of institutional construction, achieving a decade of remarkable development. We are confident that, with the comprehensive advancement of Chinese-style modernization and high-level opening-up, the next decade will see even more vigorous and flourishing development in the construction and practical implementation of the foreign law ascertainment system.
Notes
[1]Article 18 of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships.
[2]Article 44 of the Minutes of the National Symposium on the Foreign-Related Commercial and Maritime Trial Workof Courts.
[3]Article 301 of the Civil Procedure Law of the People's Republic of China.
[4]Article 1 of the Interpretation I on Several Issues Concerning the Application of theLaw of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[5]Article 193 of the Opinions of the Supreme People's Court on Questions Concerning the Implementation of the General Principles of Civil Law of the People's Republic of China (for Trial Implementation) .
[6]See Wang Hui and Shen Wei, "The Causes of the Failure of the Foreign Law Ascertainment System and Improvement Paths—From the Perspective of Empirical and Law and Economics Research," International Business—Journal of the University of International Business and Economics, No. 5, 2016, p. 141.
[7]See Yang Yin and Zhang Guoqing, "The Current Situation and Breakthrough Paths of China's Foreign LawAscertainment System—Based on an Empirical Analysis of 87 First-Instance Foreign-Related Civil and Commercial Cases," Journal of Chongqing University of Technology (Social Science), No. 10, 2022, p. 188.
[8]See Liu Ting, "Judicial Practice Research on the Law Applicable to Foreign-Related Civil and Commercial Cases Under the 'Belt and Road' Strategy—From the Perspective of the 'Localization' Phenomenon," Tianjin Legal Science, No. 3, 2018, p. 13.
[9]See the website of the China International Commercial Court, available at https://cicc.court.gov.cn/html/1/218/347/327/339/index.html
[10]See the website of the China International Commercial Court, available at https://cicc.court.gov.cn/html/1/218/347/327/341/index.html
[11]See the website of the China International Commercial Court, available at https://cicc.court.gov.cn/html/1/218/347/327/343/index.html；See the website of the Shanghai Court's "One-Stop" International Commercial Dispute Resolution Platform, available at：https://yshj.hshfy.sh.cn/sh-swssjf/#/outside
[12]See the website of the China International Commercial Court, available at https://cicc.court.gov.cn/html/1/218/347/327/345/index.html
[13]Qianhai Authority Website: http://qh.sz.gov.cn/sygnan/qhzx/dtzx/content/post_10855384.html, National Development and Reform Commission Website: "Shenzhen Qianhai Establishes the Nation's First Legal Map of Belt and Road,"
[14]Yangcheng Evening News: "Guangzhou Courts Build a Foreign Law Ascertainment Access Platform to Achieve 'One-Stop' Efficient Ascertainment of Foreign Law," https://baijiahao.baidu.com/s?id=1799184049532307890&wfr=spider&for=pc
[15]"Progress Meeting on the Foreign Law Ascertainment Service Center Database and Service Platform Project Successfully Held: Foreign Law Ascertainment Platform Already Online," https://calc.swupl.edu.cn/pub/dmflyjzx/jlhd/xwgg/308061.htm, see more on the Chinese-English Database https://barlc.swupl.edu.cn/
[16]See the website of China Court: "Beijing No. 4 Intermediate Court Holds Press Conference on 'Foreign Law Ascertainment and Application System to Support the Construction of Two Zones'"; also see the official weibo account of China Court: “Resolving Cross-border Disputes, Ascertaining Foreign Laws, Recognition of Foreign Arbitration... Attend This Press Conference to Understand the 'Beijing Experience' in Foreign-related Commercial Trials."
[17]See the official Paper account of Suzhou Intermediate People's Court: "Summary of Viewpoints from the Seminar on 'Promoting High-Level Opening-up through High-Quality Foreign-Related Rule of Law Construction and High-Quality Development of Local International Commercial Courts'"
[18]See Sina Finance: "Suzhou International Commercial Court Safeguards High-Level Opening-up with High-Quality Judicial Services".
[19]See Xu Jintang, "On the 'Intent Responsibility Theory' of Foreign Law Ascertainment—From the Perspective of China's Foreign-Related Civil and Commercial Trial Practice," Law Review, No. 1, 2010, p. 75.
[20]Article 1 of the Interpretation IIon Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[21]Article 2, Paragraph 3 of the Interpretation IIon Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[22]Article 2, Paragraph 1 of the Interpretation IIon Several Issues Concerning the Application of the ‘Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[23]See Du Yixing, "Innovative Judicial Service Supply and Its Shortcomings in Free Trade Zones," Journal of Law Application, No. 17, 2019, p. 78.
[24]Articles 3-4 of the Interpretation II on Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[25]Articles 5-7 of the Interpretation IIon Several Issues Concerning the Application of theLaw of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[26]Article 8 of the Interpretation IIon Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[27]Article 9 of the Interpretation II on Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[28]Article 10 of the Interpretation IIon Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[29]Article 11 of the Interpretation IIon Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
[30]Article 12 of the Interpretation II on Several Issues Concerning the Application of the Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships issued by the Supreme People's Court.
Appendix: Selected Ten Typical Cases
