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Interpersonal Conflict Of Laws And Solution Of The Three Regions

Posted on:2013-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:W DuFull Text:PDF
GTID:2246330395971840Subject:Chinese Communist Party
Abstract/Summary:PDF Full Text Request
Because of the special historical background and causes of reality, the Chinesemainland and Taiwan, Hong Kong and Macao Special Administrative Region of theexistence of different legal systems in China created a multi-jurisdictional status quo.。The jurisdictions of civil and commercial exchanges and the development ofproduction leads to conflict of interest laws of each jurisdiction conflicts. Taiwan andthe mainland exchanges become more frequent, making China a "one country twosystems, four jurisdictions,"the pattern of reform and opening up, increasingexchanges between the Mainland and Hong Kong, Macao increasing frequency,increasing investment in the mainland, in marriage, trade, intellectual property,Inheritance and all other areas of civil and commercial laws will create more conflict,between the three places a special interregional conflict of laws.As mainland China, Hong Kong, Macau distinct purposes of the laws oftheirown,independent of each other jurisdiction in the area of people more of the region, whatshould be To which the laws dealing with controversial issues, namely, RegionalLaws will inevitably produce conflict.。China should adopt themodelinterregionalconflict of laws, become an urgent problem.This paper, based on interregional conflictthe basic theory, the use of theory with practice and comparative analysis, from theanalysis of cross-strait conflict in the three regions the causes of international law tostart, a comprehensive international law to clarify the areas of cross-strait conflict inthe three forms the basis and characteristics of, Focus on three areas to explore toresolve cross-strait conflict resolution and international law principles to be followedin order to clarify the theoretical level and mutual recognition of the three places foreach other and to establish the legal basis of the law to resolve constitutional conflictof civil law a viable mechanism Sex.。This thesis is divided into four parts: The firstpart introduces Liangan three areas of legal conflict in the international context andthe reality of the historical causes of the signing of unequal treaties to Hong Kong,Macao and separation, in1949founding of the PRC, the KMT retreated to Taiwan,leading over half a century of confrontation between the two sides; With the return ofHong Kong and Macao successively, increasing the frequency of cross-straitexchanges and interaction between their existing legal system to conflict of lawbecome a reality;The second part focuses on three areas of cross-strait conflict,international law and main characteristics of the manifestation of in-depth analysis;The third part is our solution to be taken and adhered to the principles of a feasibilityanalysis; fourth part is the successful resolution of the three sides The significance ofinternational law conflict areas, to enhance the three areas of civil and commercialexchanges, continue to further expand the reform and opening up of great practicalsignificance。...
Keywords/Search Tags:Interregional conflict of laws, Jurisdictions, Two systems, Solution
PDF Full Text Request
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