China, Research, International Public Order Reservation

China is a unitary country before 1997.In 1997, Hong Kong returns to China because Deng Xiaoping devised the principle of "one country, two systems". In 1999, China takes over Macao from Portugal, the inter-regional conflict of laws of China becomes more and more complicated. Inter-regional conflict of laws refers to conflict of laws between different regions with a separate system of law within a sovereign country. Socialism is to remain dominant in China while capitalism is allowed in certain regions like Hong Kong and Taiwan. And the concept of "one country, two systems" which proved successful in solving the Hong Kong issue could also be used to settle international problems. So, more and more experts take attention to the inter-regional conflict of laws in China. Public order as a tool to protect local laws and avoid foreign ones is accepted in Private International Law. However, will it effect in inter-regional field. Some experts agreed, some didn't, while some took the neutrality. In my opinion, we should apply it in our inter-regional field, however, the premise is we belongs to one country, so we should use it with limitations.In this article, we will show the problem in the following 6 aspects.The first part is whether it is reasonable to apply it in inter-regional conflict of laws. Of the three opinions, the third one is accepted most. The second episode of the article explains why we should adopt it in China. The four regions have different laws regulations, that is the basic reason for inter-regional conflict of laws; and the second reason is the unique characteristic about inter-regional conflict of laws, for historical reasons, the four families have different legal and social systems. However, we should adopt it with limitations. In the forth part, we take gambling as example to show the conflicts in the four regions. Gambling is allowed in Macao, while prohibited in the other three families. In this situation, reservation of public order should apply in the four regions. In mainland China, gambling is considered to be a crime. If a person from Hong Kong gambled in Macao, and he lost a lot of money for gambling, but he did not have enough money to pay, so he went back to Hong Kong. The creditor went to the court for his rights. The conflicts arises, in this situation, the Hong Kong court will use public order to protect local orders. In the next part we talk about the situation about using public order. Until now, China has achieved great agreements in litigation acknowledgement and execution with other countries, however, in inter-regional conflict of laws, the four regions have not got any agreements in this field. In accordance with the two Basic Laws, the SARs shall be a local administrative region of the PRC, which shall command a high degree of autonomy, including possession of executive, legislative and independent judicial power. While in arbitration field, the situation is not that bad. Because it refers little about public order, so it is easy to achieves consistently.Conclusions: Though the four regions have various legal and social systems, we still in a sovereign state, so we should use public in a limitation way.