A Comparative Research On The Laws Of The Application Of Law For Foreign-related Civil Relations Of Both Sides Of The Taiwan Strait

Both the mainland and the Taiwan province of China promulgated new Law of the Application of Law for Foreign-related Civil Relations in 2010. Mainland ended its history of multi-legislation model and promulgated Laws of the application of the law for foreign-related civil relations. The new law came in to force on 1st April 2011. This is the milestone in the history of the foreign-related legislation, and it is the same case in Taiwan province. The Taiwan province promulgated its own Laws of the application of the law for foreign-related civil relations, and it came into effect on the 26th May. The new law stipulated by the Mainland amends 9 old clauses and some judicial explanation of The General Principles of the Civil Law of the People's Republic of China. The new law abolishes old rules and reflects new ideology and rules of contemporary international private law legislation; Its counterpart in Taiwan amends the Laws of the application of the law for foreign-related civil relations came into force 58 years ago comprehensively. Considering the content revised and the clauses added, it is like a new law. With the rapid increase of the civil and commercial activities on both sides of the Taiwan Strait, disputes concerning marriage,heritage,contract,infringement and investment are booming year after year. Consequently, the comparison and analysis of Laws of the application of foreign-related civil law of both the mainland and the Taiwan province of China are of significant realistic importance.This essay is based on the new rules of application of laws, and consists of four parts: process of legislation, new development, general system and rules of application law, so as to have a whole picture of Laws of the application of foreign-related civil law of both sides of the Taiwan Strait.The first chapter describes the legislation history of Laws of the application of foreign-related civil law of both sides of the Taiwan Strait. It recalls the history of legislation of both sides of the Taiwan Strait. The legislation of foreign-related law started in mainland relatively late, but it prospered after 1980th when the reform and opening up began; the legislation in Taiwan province began in 1950th, and it absorbed much experience from the rule of application of lawand the legislation spirit of international private law of various countries.The second chapter describes the new developments of the application law of both sides of the Taiwan Strait comprehensively. It discusses the newest legislation and the process of revising of the law and compares the new law with the old of both sides of the Taiwan Strait. The changes reflect the same trend of foreign-related legislation and the contemporary international private law of both sides of the Taiwan StraitThe third chapter focuses on the general system of application law of both sides of the Taiwan Strait. It starts from the general system of international private lawand compares the Characterization , Renvoi , evasion of law, reservation of public order and proof of foreign law. Then it discusses the design of system together with the patterns of legislation in various countries.The fourth chapter compares the rules of choosing applicable law in the Law of the Application of the law of both sides of the Taiwan Strait. It is based on the comparative research on the adoption of the choice of law, and analyses the principle of autonomy of will,, the principle of protecting the vulnerable and Lex Personalis. Furthermore, it summarizes the features of different principles of choice of law in different laws.The comparison of the new application laws of both sides of the Taiwan Strait reflects the features, rules, and existing problems of the two. With the increase of the civil and commercial activities, the application of the other's law, the recognition and enforcement of judgment are boosting. Although after the promulgation of new law, there isn't more statistics showing Taiwan- related or mainland-related cases, however, the analysis of the new laws is necessary. Understanding and applying the law properly will benefit the civil and commercial relation, and decrease the conflicts between districts in order to protect the rights of parties.There are other reasons causing conflicts of law (including differences of politics, economy and culture), but from the perspective of the application of law, court can't steer away from the trials of the Taiwan-related or mainland-related cases. Consequently, analysis and comparison of the similarity and difference of rules of both sides of the Taiwan Straits of theoretical and pragmatic significance when conciliating and dealing with special district conflicts of both sides of the Taiwan Strait.