When any one of the above elements have a civil appeal cases, namely (1) as the main dispute one or both of the parties are foreigners, stateless persons, foreign enterprises and organizations; (2) the legal fact of civil legal relationship, change or eliminate abroad; (3) the disputed property at is foreign, foreign civil litigation appeal cases. On hearing a foreign civil case, the basic criterion must observe the legal provisions of the trials of civil cases involving foreign element.

   The trial of civil cases can only apply the domestic law of our country. But the trial of civil cases involving foreign element are used in other countries the law. Select Show in two aspects: one is the choice of procedure law, the two is to choose the applicable substantive law. On the procedure law,"Civil Procedure Law" article 235thProvides that: "the civil litigation involving foreign elements within the people's Republic of China, the provisions of this part shall be applicable. No provision of this part, other relevant provisions of this law." Generally speaking, choose to apply the procedure should in principle should be applied to China's "civil law" Fourth "special provisions" of foreign-related civil proceedings, no provisions of the series, the relevant provisions of the civil procedure law, applicable to other series such as, taking facts as the basis, take the law as the criterion, principle, the principle of debate the disposition principle, principle of equal litigation rights, the people's procuratorates to exercise legal supervision over civil proceedings principles and the principle of mediation. But if there are special provisions relating to the international treaties which China to participate in the program or signed in, must first select the suitable for the international treaty. Known as "the principle of abiding by the international treaties" of course, except our reservations clause.

    In addition it should be noted that how to deal with the problems on the distribution rules of evidence, in judicial practice, the general is if the evidence distribution rules on the procedure law, the parties can not apply; if the provisions in substantive law, it can be applied, without exclusion. Civil prosecutor not because of involving proof allocation rules that belongs to procedural issues, and mistakenly believe that should be selected for the provisions of the procedural law of china.

The judge from the whole law, qualitative issues, questions of jurisdiction and applicable law is a foreign-related cases must be addressed, and shall issue a clear answer in the verdict. The following are the:

    One, the qualitative question

    When a natural person, legal person or national or international organizations filed civil and commercial litigation to Chinese court, the first problem faced by judges is qualitative, also is the private international law in the so-called recognition problem, i.e. to determine a case by case. Therefore, the judge according to the qualitative case correctly classified into the legal field right, in order to find and apply the correct rules of jurisdiction, choice of law rules and substantial rules. Qualitative analysis for a foreign civil and commercial case, because the case always involves two or more than two scopes of law, and the qualitative analysis for the same facts different domains are often different, qualitatively with different domains of the legal system and the legal concept of the results are often not the same. From the view of judicial practice, the vast majority of national courts generally apply the law qualitative, so is our country court; but some legal action and the fact may conform to the two kinds of legal norms of the conditions at the same time, there is the so-called laws competition situation, common with concurrence of contract and tort. In this case, the plaintiff can bring suit for contract, also can bring an action in tort, under normal circumstances, the court should respect the choice of the parties, the judge should be based on the cause of action to identify the parties mentioned, this is also the most countries adopt practices. Note that, according to the provisions of the Supreme People's court "on Several Issues concerning the application of foreign-related civil or commercial contract dispute case law" (two thousand and seven years effective August 8th) regulations, the parties can only express choice of law applicable to the contract, the parties choose or change the selection of the law applicable to a contract dispute the point in time a trial before the conclusion of the court debate.

   Two, jurisdiction

   Management right is the Chinese courts in deciding whether to accept the foreign-related civil and commercial disputes, the first problem to solve. The solution must be in accordance with the provisions of the Civil Procedure Law of our country, find the right to exercise its jurisdiction according to the. First of all, to qualitatively according to the facts of the case. According to the specific legal relationship qualitative case the determined, the relevant provisions of the Civil Procedure Law of our country, whether that Chinese courts have the right to exercise jurisdiction. Secondly, the exercise of the court management rights in decision, must ascertain not exclude the jurisdiction of the court: ① not involving foreign countries or property, because the state and its property immunity. The foreign representative was not related to the foreign or international organizations, because of diplomatic privileges and immunities. However, the diplomatic representative enjoy immunity from civil jurisdiction, China's "diplomatic privileges and immunities" provisions of article fourteenth of the two exceptions: one is the diplomatic representative at a private identity inheritance procedure; two is the occupation or business activities within the territory of diplomatic representation in Chinese to private interests in public services outside the scope of the litigation. That is to say, the foreign representative does not enjoy immunity in the two cases, the court has the right to exercise jurisdiction. Not a valid arbitration agreement between the parties, because of our country's civil procedure law and the 1958 "China in the New York Convention", provide a valid arbitration agreement has the effect of excluding the jurisdiction of the court. Finally, the judge according to the plaintiff to provide evidence of our court has proper jurisdiction according to the.

    Question three, conflict of laws applicable

    The conflict of laws is to guide how judges found in dealing with foreign-related civil case law, legal interpretation and so find and explain the application of the law to a case. Especially the former two, is looking for the method and the interpretation of the law, is the main content of conflict of laws. In judicial practice, one of the biggest differences between domestic and foreign cases when hearing cases, lies in the application of conflict rules or not. The judge foreign-related cases heard by the applicable substantive law according to there must be conflict rules guidelines, unless the applicable scope of the hearing of the case of "directly applicable law"; while the court case is directly applicable to the substantive rules of their. Therefore, when the court to confirm a case of foreign-related cases, and determined to have the jurisdiction, the conflict rules of the next task is to find the substantive law. Generally speaking, the judge needs to consider the following questions: 1. Review the scope of the case is an international convention. If the parties in the country is a signatory to the Convention, the international treaty dispute case specific rules and regulations, it should be directly applicable law rules of the international treaty, does not need to consider the conflict rules. If the specific dispute case does not belong to the scope of application of the Convention, or the International Convention for the dispute did not make specific provisions, which indicates that the international treaty is not applicable to the case, we must choose appropriate conflict rule. For a specific issue, if China participated in the relevant international treaties and laws, the country is the parties to the Convention, we must apply the conflict rules of the international treaties. If a conflict rule specifies the application of foreign law, according to the law of our country to find out ways of specific provisions on foreign law dispute case. If you have specific provisions in this regard, we apply the criterion of rights and obligations of the parties; if there is no specific provisions in this regard or cannot be ascertained, the relevant provisions of China method is appropriate, and the case or the relevant provisions of the state most closely related. If the conflict norms applicable Chinese specified method, it should be China law about the controversy over point of the specific provisions of the applicable law; if Chinese method do not have the relevant provisions in international treaties, or Chinese (regardless of whether the country case of foreign parties in the Convention) is not specified, international practice may be applied to the relevant the. Thus, China before the court to foreign civil and commercial cases, the application in the choice of law, first of all, the contracting parties together to see whether the state of relevant international conventions; secondly, according to the relevant rules China method, used in connection with the case or the choice of a domestic law rule; finally, the existence of relevant international practice. The three step is carried out in order to choose the applicable law, until the appropriate date.

    The above study is only the unique rules of court civil case law, judge how to find the method of legal interpretation and legal, so find and explain the application of the law to cases in dealing with foreign-related civil cases, some with our previous study cases of domestic civil law applicable method is the same, not repeat it here.