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Research On The Legislation Of The Conflict Rules In China

Posted on:2011-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:R HuFull Text:PDF
GTID:2166330332469343Subject:International Law
Abstract/Summary:PDF Full Text Request
Though there is no code of conflict rules exists in Mainland China, the progress of discussing and publishing Law Governing the Application of Laws of Civil Relations with Foreign Elements had been initiated by legislature. With the development of globalization, civil and commercial activities involving foreign factors have been keep increasing, which make the publication of Law Governing the Application of Laws of Civil Relations with Foreign Elements significantly meaningful. The purpose of this thesis is to generate practical advises on publishing Law Governing the Application of Laws of Civil Relations with Foreign Elements based on the current situation of conflict rules legislation in China and newly developed theories and practice around the world.This thesis consists of three chapters. In Chapter One, the definition of content of Law Governing the Application of Laws of Civil Relations with Foreign Elements is addressed. Since conflicts rules resolve conflicts of application of law which are brought about because of different nations'civil law having different rules of law, they are rules governing the application of law instead of rules of law. Though many scholars discuss about the name of the code of conflict law, the value of the legislation of conflict rules remains significant. Discussion and conclusion of current stage of legislation of conflict rules have been addressed in Chapter Two. There is no code of conflict rules exists in Mainland China. Conflict rules governing different area of civil and commercial relation are found in several laws, such as Chapter Eight of General Principles of Civil Law, Inheritance Law, Maritime Law, Air Law, Negotiable Instruments Law, and newly published Contract Law, etc. Beside the lack of number of articles, there is no unified principle governing the application of those conflict rules during legal practice. Moreover, the content of those articles hardly have adoption of international general practice. Thus, it is remarkably meaningful to improve our conflict rules legislation's integrity.In Chapter Three, based on the content of Chapter One and Two, how to improve the legislation of conflict rules has been discussed in details. By introducing the legislation of international private law around the world, summarizing the trend of legislation and comparing the Draft of Law Governing the Application of Laws of Civil Relations with Foreign Elements (second version) with Taiwan Law Governing the Application of Civil Law Relation to Another Nation, suggestion on the legislation of our conflict rules are provided from the writer's point of view.The value of this thesis is located in generating practical ideas and opinions on enhancing the legislation of our private international law based on analysis and conclusion of current situation and comparation of international development in such area.
Keywords/Search Tags:Civil relations with foreign elements, Law governing the application of laws, Conflict rules
PDF Full Text Request
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