Chinese Private International Law (conflict Of Laws) Intellectual History Research

The study of the history of China international private law thoughts will further enrich the contents of the history of China legal thoughts, and will further promote the theory and practice of China international private law. In this article,"international private law"means limited to conflict of laws.In the pre-Qin period, China produced ideas and examples related to international private law. In the Tang Dynasty, Tang′s Code provided rules to deal with disputes concerning non-Tang people, which are widely accepted by scholars as China′s burgeoning international private law, and which contains a wealth of ideas. In the Song, Yuan, Ming and Qing Dynasties, China international private law thoughts got development.Since late Qing Dynasty, foreign international private law thoughts came into China, and China international private law thoughts embarked on a new path of development. During the period of the Republic of China, the Chinese Government promulgated Law Applicable Regulation, which contains rules to deal with foreign-related civil and commercial disputes. This Act gives rich thoughts of international private law. With the gradual abolition of consular referee system, Chinese scholars′warmth on international law began to burst forth, and Chinese scholars began to get achievements in the fields of international private law thoughts.Since the establishment of the People′s Republic of China, China international private law thoughts entered a new period of development. Foreign international private law thoughts still have an important impact on the development of China international private law thoughts. Having absorbed foreign-date ideas of international private law, China got continuous improvement of legislation on international private law. The Civil General Law of the People′s Republic of China, the draft Civil Code of the People′s Republic of China and other laws or draft laws embody a wealth of international private law thoughts. Chinese scholars on international private law have made a large number of academic achievements, and new doctrine and new ideas have constantly emerged in the field of China international private law thoughts.The history of China international private law thoughts has the following three characteristics: a) China international private law thoughts has a long history; b) late Qing Dynasty, China international private law thoughts has a new start; c) the pace of development of China international private law thoughts is uneven in various historical period.The history of China international private law thoughts can give us the following four aspects of enlightenment: a) we must learn from the history of China international private law thoughts, because it is full of wisdom; b) we must learn from other countries, particularly from western countries, because they are rich in theory and practice of international private law; c) we must learn from other related fields, because new ideas in related fields may impact development of international private law; d) Today China international private law thoughts have rapid development of, and we should cherish the historic opportunity.