【摘要】 外国法查明困难一直是困扰我国法院涉外民商事审判的核心问题。而专业机构查明具有专业性、独立性和中立性的特点，可以协助法院准确理解及适用外国法，对提升我国涉外民商事审判质效具有重要意义。通过逐案研读我国法院运用专业机构查明外国法的案例，发现我国法院在实践中存在对专业机构可采性认定标准不清、专业机构查明费用负担的标准不一及裁判文书对查明意见缺乏释法说理三类主要问题，建议从确定外国法查明意见的可采性标准、厘清外国法查明义务的分配及强化对外国法查明意见的释法说理三个方面予以完善。更多还原

【Abstract】 The difficulty of ascertaining foreign laws has always been the core problem that plagues Chinese courts in foreign-related civil and commercial trials.Ascertainment by professional organizations is characterized by professionalism, independence and neutrality, they can assist courts in accurately understanding and applying foreign laws, which is of great significance to improving the quality and efficiency of foreign-related civil and commercial trials. Based on a case-by-case study in judgements in which professional organizations are involved in ascertaining foreign laws, there are three major problems: unclear admissibility standards for the opinions from ascertainment by professional organizations, different standards for the burden of expenses, and lack of interpretation and reasoning in judgment documents. It is recommended that courts shall improve it from three aspects: determining the admissibility standards of the opinions of ascertaining foreign laws, clarifying the distribution of the obligation of ascertaining foreign laws, and strengthening the interpretation and reasoning of the opinions of ascertaining foreign laws.更多还原