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On The Mainland And Hong Kong Interregional Conflict Of Laws Solving Model

Posted on:2007-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:J H WangFull Text:PDF
GTID:2206360185472420Subject:Law
Abstract/Summary:PDF Full Text Request
Interregional conflict of laws lies among various law regions within a country. These regions have their own special legal systems. In fact, international conflict law theories and practices derived from interregional conflict law. There are close relations between these two conflict laws. Therefore, many literatures about international private law include interregional conflict of laws in their argumentation. Moreover, interregional conflict law and its settlement model have already drawn much attention from international private law schools. In this dissertation, starting from the features of Hongkong legal systems after it returned to the motherland, the author analyzes the present models to settle the interregional conflicts between Hongkong and Mainland China, explores some useful international private law theories and typical models. In addition, the author explains a basic model in the European Union to solve the conflict of laws among its member states. Finally, the author puts forward some ideas concerning the models to solve interregional law conflicts between Hongkong and mainland China.In the first part, the author states the similarities and differences of interregional private law and international private law, (Private law here shares the same meaning as conflicts law) which reveals the reasons for the author to chose this topic of dissertation and research methodology. Then the author explains the features of the interregional law conflicts between Mainland China and Hongkong as follows: special interregional law conflicts in a country with sovereignty; the regional law conflicts under different social systems; the conflicts between Common Law and Civil Law; with special international attributes: different legal languages and legal cultural background in the two regions; no unitary reconciliation organization to solve the interregional law conflicts. We can see from those features that the regional law conflicts between Hongkong and mainland China are more comprehensive and complicated than those in other countries. It is necessary for us to pay much more attention to this issue...
Keywords/Search Tags:interregional conflict of laws, "one country, two systems", judiciary assistance
PDF Full Text Request
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