The Development Of Laws Application On Foreign-related Infringement In China

With the development of the global economy and technology,foreign-related actsof tort occur frequently,which makes the laws application on foreign-relatedinfringement more and more important.Considering this trend,China has made theLaws Application of Foreign-related Civil Relationship Act(the “Act”) andcorresponding judicial interpretation,containing varieties of innovations which catchthe attention of the public.As the first separate private international law,the Actindicates a historic breakthrough and a great innovation in the area of laws applicationon foreign-related infringement in China.Although the Act and its judicialinterpretation are appreciated for their advantages,they still have some disadvantagesand troublesome issues,which remain to be made up or resolved by the lawmakers andjudicial officials in the future.This paper is divided into three chapters.By comparing with the past legislationof China,Chapter One introduces the development and features of the laws applicationon foreign-related infringement stated in the Act and its judicialinterpretation,involving the related principles on choosing applicable law about theact of infringement in the “General Provisions” and other laws application rules inspecific provisions of the Act,that is Article44,Article45,Article46and Article50.This paper refers to the judicial interpretation of the Act in order to explain how toapply the mentioned provisions in judicial practice. On the basis of Chapter One,Chapter Two discusses the disadvantages and issuesof the mentioned provisions about the laws application on the foreign-relatedinfringement by referring to the related foreign theory and legislation,views of keyscholars and cases in judicial practice of China.The main contents of Chapter Two areabout the disadvantages and issues existing in the related “General Provisions”,theprovisions of laws application on general tort and the provisions of laws applicationon special tort.And the missing of provisions about laws application on some varietiesof special torts is also a pity for the Act.Based on the first two chapters,Chapter Three tries to provide some suggestionsfor the discussed disadvantages and issues in Chapter Two from the perspective oflegislation and judiciary,in the hope of constructing a reasonably established systemof laws application on foreign-related infringement.