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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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A Study on the Application of Foreign case in Transnational Civil and Commercial Matters

Sun Shanghong;  
In dispute resolution related foreign elements,where the case belongs to one of the foreign sources of law referred by the conflicts rule,the cessation of foreign law by the court will including the precedent. In addition to the need for dispute resolution,it may also involve the application of foreign precedent on certain procedural matters. In the application of foreign precedent,we should first establish the appropriate method path to identify the contents of the case,to clarify the relevant case,and to explore the Ratio decidendi and Obiter dicta among the precedent. And then through the deductive induction and analogy reasoning and other referee methods,application foreign precedents in the transnational civil and commercial case of dispute resolution. It is helpful to clarify the appropriate application of the method and the referee method of invoking foreign precedents to improve the dispute resolution level of transnational civil and commercial cases in China.
【Fund】: 国家社科基金一般项目(17BFX194)“跨国网络侵权争议解决重大理论与实践问题研究”
【CateGory Index】: D997
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