| Habitual residence has been introduced into many countries to be animportant connecting factor with nationality and domicile. In the Law of thePeople’s Republic of China on Application of Laws to Foreign-Related CivilRelations, which is the newest achievement of conflict law in China, habitualresidence becomes the main connecting factor, covering the personal andnon-personal field. However, the law and its judicial interpretation did notmention much about the definition and criteria of habitual residence, which maylead to controversies in academia and practice. The essay sorts out the outlines oftheory and legal practice, finding out that there are not many statute lawsfocusing on habitual residence for it is a supplementary connecting factor. Andthe problems in China include the confusions with similar concepts, theuncertainty of ways to solve conflict of laws, the ambiguity of determinationcriteria, and irrationality of exclusion provision, etc. Finally the essay figures outlaws in China should distinguish habitual residence from other similar concepts,use the principle of the closest relation to solve conflict of laws, fix a regularstandard for it, and cancel all the exclusionary items, etc. |
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