Research Report On The Foreign-related Civil And Commercial Judgment

People’s Republic of China Law on the application of law(hereinafter referred to as Law on the application of law) has been passed by 11 th meeting of the Standing Committee of the National People’s Congress on October 28, 2010 and came into force on April 1, 2014. In addition, the Amendment(1) to Law on the application of law has been issued. It marks that the efforts of private international law scholars to establish a code on conflict of law has paid off. From then on, China has set up a system based on rules which regulate the conflict of law. In the perspective of practice, Law on the application of law and its amendment has provided judges with legal basis, which made China’s foreign-related cases more formal. But, there still exist many problems both in application and interpretation. This paper will analyze these problems and offer some advice on the application of Law on the application of law.This paper falls into five chapters:The first part is the general introduction of foreign-related civil and commercial cases. It will summarize the major progress and problems of international private law in foreign-related cases after Law on the application of law came into force.The second part made the analysis by means of form. These forms summarize the general introduction, different categories of foreign-related civil and commercial cases, the means to apply foreign law, the application of Chinese law without stating reasons, the principle of the most significant contacts and the statistics of international private law clauses. These forms can present the current application of Law on the application of law more directly.The third part includes the features and problems in the application of Law on the application of law. These problems were mainly derived from the second part, which include: too many points of connection expand the application of law, but increase the arbitrariness; the courts are too reliant on lex forum; lack of reasons in the application of international treaty or Chinese law in intellectual property cases; difficulty of the investigation of foreign law.The forth part mainly puts forward some advice on the legislation. Though much progress has been made in the application of Law on the application of law, there still exist such problems as: unclear legal definition, difficulty in legal practice and so on. The author will prove the point by clarifying the bases of the application of law, overcoming the undesirable situation of lex forum-oriented, using the rule of “similar judgment in similar cases” properly, improving the investigation of foreign law and so on. This part hopes to, on the basis of practice, provide some advice and offer some reference on future development in international private law.The fifth part is the conclusion of the whole paper. It acknowledges the ideal results in the practice of international private law and hopes to perfect the clauses of Law on the application of law as soon as possible. On the whole, Law on the application of law has been applied properly, there are still many problems, which we need to solve.