正确把握国际私法中外国法内容的查明制度,已经成为一国法院保障司法程序公正和促进国际民商事关系协调发展的前提。然而,我国对外国法的性质、外国法查明的责任主体、外国法查明的途径、外国法无法查明的认定以及外国法无法查明时的处理方法等问题的规定在司法实践中尚存在一些问题。通过对上述问题进行分析与探讨,了解我国在外国法查明的立法方面的缺陷和不足,结合中国的实际,从而进一步完善我国的法律适用制度。 Correctly grasping the system of clarifying the contents of foreign laws in private international law has become the prerequisite for the courts of a country to ensure the fairness of the judicial procedure and to promote the coordinated development of the civil-commercial relations in the world. However, in our country’s judicial practice, the nature of foreign law, the main body of responsibility as foreseen in foreign law, the ways of foreign law ascertainment, the finding that foreign law can not be ascertained, and the method of handling when foreign law can not be ascertained There are some problems. Through the analysis and discussion of the above issues, we can understand the shortcomings and shortcomings of our country in the legislation as foreseen in foreign law. Combining with the reality of China, we can further improve the legal system in our country.