The Habitual Residence Of "Law Of Foreign-related Civil Relations Of The People’s Republic Of China"

In order to adapt to the development of the international community and solve thecontradictions and defects of nationality, domicile appeared, more and more internationaltreaties and countries began to use "habitual residence" as the link point of personal law,which gradually replaced nationality, domicile to be the latest development trend ofpersonal law.Our country also uses a lot of "habitual residence" as the main link point ofpersonal law in the latest issue of "law for foreign civil relations act".From the meaning,although the two "habitual residence" have the different china name, they have the sameconcept.So,"habitual residence" has an important position in the legislation of privateinternational law.However,"habitual residence" as a new concept, there are many problems inthe legislative and judicial practice, from a long-term point of view, which is not conducivefor "law for foreign civil relations act" to play its due role. Frist, this paper want to find thehistorical origin of "habitual residence" by exploring the development of personal lawconnected nodes and understanding the latest personal law even rise reasons and legislativecharacteristics of nodes; secondly, study the "habitual residence" from the legislative andjudicial two aspects, find the problems and give the corresponding suggestions, and ultimatelyimprove its practical application of "law for foreign civil relations act" in our country.