In Dec. 2021, the Nanjing Maritime Court issued the “Operating Procedures on the Ascertainment of Foreign Law (For Trial Implementation)” (hereinafter “the Procedures”, 關(guān)于外國法查明工作操作規(guī)程(試行)) to standardize the ascertainment of foreign law.
The Procedures mainly refines the requirements for ascertaining foreign law.
According to the Procedures, when Chinese and foreign legal experts or legal professional organizations provide opinions on foreign law, if the foreign law is statutory law, it is required to provide the full text or excerpts of the statutory law and the necessary explanation of the relevant legal provisions; otherwise, the latest cases and analysis of the facts and rules of adjudication of the case are required.
The Nanjing Maritime Court also compiled the “Case Compilation about Foreign Law Ascertainment of Nanjing Maritime Court China” and “The Case Compilation of Chinese Maritime Courts on the Application of International Maritime Conventions and Customs”, which has laid out the foundation for the ascertainment and application of foreign law.
According to our observation, China has witnessed a surge in demand for ascertaining foreign law since 2019. The Supreme People’s Court of China is also seeking solutions to meet that demand.
Cover Photo by 戸山 神奈 on Unsplash
Contributors: CJO Staff Contributors Team
