Abstract

In the contemporary international community, a country's ability to correctly grasp the contents of private international law and foreign law of the land identification system has become the country's courts to safeguard the judicial process to promote international justice and harmonious development of civil and commercial relations between the important foundation. However, the nature of China's foreign law of the land, to identify the main responsibility of the foreign law, the division of responsibilities between the main responsibility, to identify ways of foreign law, foreign law could not be identified and the identification of foreign law could not be identified when the treatment methods provisions of the problem in the legislation, theory and practice are still some problems. Drawing on the useful experience of foreign countries, these issues in depth, will be conducive to promoting China's foreign law and international identification system for the improvement of relations between the civil and commercial development. Whether one country can treat ascertainment of foreign law in private international law correctly has become an important standard to judge that whether the courts in that country can ensure just of juridical procedure and promote harmonious development of international civil and commercial relations in contemporary international society. However , there are some problems in our country regularly, theoretically and practically, such as the nature of foreign law, the subjects of ascertainment of foreign law, the division of responsibility between the subjects, the methods of ascertainment of foreign law, the affirmation for impossible ascertainment of foreign law and the settlement for impossible ascertainment of foreign law. This article tries to discuss and analyze the issues mentioned above to promote perfection of ascertainment system of our country and harmonious development of international civil and commercial relations