Canada And China, International Private Law Comparative Study

As a long history federation complex jurisdiction country, Canada has different legal system among jurisdiction. As a result, law among districts is unavoidable. However, as for the domain regressing, China becomes a complex jurisdiction country. As a newly complex jurisdiction country, China needs to use other countries' excellent fruit and experience for reference. And that reference will be finished through analytic compare. So, it is meaningful for us to compare the Canadian districts' Private Law with the Chinese present districts' Private Law. In Canada and other countries, the Constitution is the way and golden rule to solve the districts law conflict. Moreover, in China, though we have the Constitution and so-call basic law, It is helpless to adjust the districts law conflict. Therefore, to modify and append the content of the present Constitution is the main result and means to use the Constitution to solve and adjust districts law conflict. Besides of China, in many multi- jurisdiction countries, still exist a Supreme Court that outmatch each jurisdiction, or even similar to federation's Supreme Court. In Canada is the Supreme Court, and federation's Supreme Court in the US. But in China, there is great emphasize on egality among each jurisdiction, however, no court like other complex jurisdiction country's most highest character, there is no such a concerted system, no any principal part can inhibit in each jurisdiction court, thus, an increase in law case's jurisdiction go after the amount of jurisdictional court. So, it is impossible to solve the conflict among district law, to eliminate discriminate among the district law. Also, it is unnecessary. Since we can't make harmony and unification in legal system, we can try some way in jurisdiction or follow the lead of Canada or other complex jurisdiction country, To build up a court which has federation character , As a special court in the Supreme Court, specilized in solve the conflict among each jurisdiction to adjust the differences between each jurisdiction, to provide any possibility to solve each jurisdiction's conflict...