Sun, 25 Mar 2018
Insights
Guodong Du 杜国栋
,
Meng Yu 余萌
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.