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Legislative Sinicization Of Evasion Of Law

Posted on:2015-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:M Q LuoFull Text:PDF
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The problem of evasion of law is from the Bauffremont’s divorce case in France, different countries have different proposals due to the different theory, legislation,and judicial practice of evasion of law. The prohibited institution of evasion of law has become the legislation developing direction in most countries of the world because of the fraudulent nature of evasion of law and impact on the judicial authority and public order in the court states. The legislation of evasion of law in china have obvious flaws in the definition of behavior of evasion of law, the legislation level and validity of evasion of law, and caused applied difficulties in the judicial practice. The essay supports confirming the institution of evasion of law by the way of legislation because of the institution of evasion of law confirmed by the judicial interpretation so far doesn’t suit the development and demand of social economy, by researching the present state,flaws of legislation of evasion of law, combining the analysis of judicial practice of china. On the basis of it, by analyzing and researching different legislative differences in other countries of the world, combining the condition of china to put forward the legislative choice of china, and proposed improvement suggestions on the legislation of evasion of law:(1)Improve the concept, method and procedure of legislation to ensure the democratic and scientific nature of legislation of evasion of law.(2)The content of legislation should be specific and comprehensive and operational, radicate the independent and general status of evasion of law, stipulate law evasion by specific chapter in the<Law of the Application of Law for Foreign-related Civil Relations>,and stipulate the validity of evading foreign law.(3)Confirm "the case guidance system", limit expansion of discretionary power of judge rationally, maintain the authority of law judicial justice and unity.The essay hopefully have positive effect on the legislative impulse of evasion of law in china by the improved proposals presented in the essay, and is conducive to the further advance on the development of legislation and judicial practice of Chinese international private law.
Keywords/Search Tags:evasion of law, mandatory rules, validity of law, public order, sinicization
PDF Full Text Request
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