}
TSINGHUA CHINA LAW REVIEW
Foreign Law Ascertainment in Civil Litigation: Chinese Rule and Global Trend
Created on:2025-06-29 21:29 PV:32
By CHEN Sihan |   |   Download Full Article PDF

Abstract: The new judicial interpretation adopted in 2024 of the Law of the People’s Republic of China on the Law Applicable to Foreign-Related Civil Relationship marks a significant refinement of China’s approach to foreign law ascertainment in civil litigation. This judicial interpretation re-emphasizes equal treatment of domestic law and foreign law, with key reforms including separation of “duty” and “channel”, more specific rules for foreign law report and proof, and the reliance on supportive ascertainment institutes. From a comparative perspective, this judicial interpretation echoes the contemporary reform and interpretation efforts in other jurisdictions, including Germany, the U.K., the U.S., France, etc. In general, the traditional dichotomy of “fact versus law” has been replaced by a more practical and efficient approach of court-party cooperation. This new judicial interpretaion contributes to the global trend of a convergent treatment of foreign law in civil litigation.