The Application Of Habitual Residence In China

The Law of Habitual Residence was widely used in the "Law of the People’s Republic of China on Application of Laws to Foreign-Related Civil Relations"(herein after referred to as the "Application of Law"), the law even discard and weakened the application of traditional Personal Law in foreign-related civil relations---Law of Domicile and Nationality Law. Thus, the Habitual Residence is very significant to the implementation of law meaning. It is necessary to analyze and understand comprehensive the application of Habitual Residence in our country.This paper first analyzes the traditional Personal Law, and introduced the background and the reason of the rise of the Habitual Residence of law in the world, on this basis to Analysis the core of the Habitual Residence—it’s concept and connotation as of connecting point, the distinction between it and the adjacent concepts, in order to more in-depth understanding of the connotation of Habitual Residence.Secondly, through analyzing the legislative and judicial situation in our country, that founding the Habitual Residence of Law application in China has some problems, example, the old law is different of new law and the selection of personal law is too single and the concept of connecting point is fuzzy, some regulations exists unreasonable situation.Finally, based on the national conditions of our country, and based on the experience of domestic and international legislation, we should advice that make the new judicial interpretation to clean up some concepts was non-standard and not accurate in the old laws and put forward solutions to solve the conflict of old and the new laws. Absorbing foreign advanced experience in the choice of personal law, making the Law of Domicile and Nationality Law according to different situation as a supplement to apply the principle of Habitual Residence law.And according to the legislative intents, to combined with the relevant provisions, in order to definite the concept of Habitual Residence, built on the length of residence, living center for specific provisions and delete the exception in the labor dispatch and the business situation, which in practice to get the accurate and reasonable; Finally, for the some unreasonable problems in the application of law,we given amendments directly, we hope it is better to provide a useful reference of application of Habitual Residence in our country.