It should be stressed that， although foreign law is regarded as "law"， it does not mean that the responsibility to ascertain the content of foreign law should be borne by judges. The principle of inra novit curia can not be applied to the laws of foreign countries. Hence， suggestions should be pragmatic but not dogmatic.
Mainland China judges should have the effect of giving positive and directive guidance in proving and verifying the content of foreign law， such as the judges "personal knowledge" of foreign law. They may also request the parties to aid them in discovering the contents and enforceability of the foreign law. When requested by Mainland China judges， the parties must bring forth evidence to prove the relevant foreign legal rules， and if parties refuse to do so without justifiable reasons， they should bear the consequences of not being able to discharge the burden of proof.
As the latest judicial interpretation， the Interpretation on Several Issues Regarding Applicable Law in Civil or Commercial Contract Cases Involving Foreign Elements was promulgated by the Supreme Peoples Court on August 8th， 2007. Article 9 （1） of the Interpretation provides that it is the parties liability to offer and prove the contents of related foreign law， where they have chosen it to govern the disputed contract.
The advantage of this solution lies in the fact that the parties are the participants in civil and commercial activities and they should be the persons who know the relevant foreign law best， irrespective of the circumstances in which they have agreed in the contract to apply foreign law to govern the dispute， or in which foreign law should be the applicable law based on the closest connection principle. The parties would have more opportunities to acquire information about such foreign law. Therefore， they should have the duty and the ability to prove it. The judge should avail of this advantage and request the parties to offer assistance， in order to expeditiously discover its contents and reduce unnecessary time and resources.