The Resolution Of The Interregional Conflict Of Laws In The Law Of The Application Of Law For Foreign-Related Civil Relations

Interregional conflict of laws is a conflict between the laws of different legal systems in the same sovereign state with the independent legal system. On one side, because there are many legal domains in the same sovereign state, and the people in different legal domains frequently interact with each other, a large number of civil and commercial relations are involved. On the other side, In order to adjust the foreign civil and commercial relations, each domain has made its own laws and regulations, and the legal rules formulated by different legal rules are different. The most important condition for the formation of interregional conflict of laws is a region with several different legal systems in a sovereign state. China is a unitary state, but due to historical reasons, national government to deal with Taiwan, Macao and Hong Kong regression problems, the implementation of the "one country, two systems" and China’s Interregional Conflict of laws is the interregional conflict of laws in an exception exists in the whole unitary state structure form. The interregional conflict of laws in our country has certain particularity and complexity, so it becomes very difficult to solve. China originally since 1997 after Hong Kong’s return should be developed to address the problem of interregional conflict of laws rules of law, but until the foreign-related civil relations of the People’s Republic of China Law Applicable Law (hereinafter referred to as the law applicable law promulgated before, China has no solve interregional conflict of laws in accordance with the law. The law applicable law although for the first time to solve the problem of interregional conflict of laws made a clearly defined, but the method on how to solve China’s Interregional Conflict of laws is not mentioning. Not only are those, the law on resolving the conflict of laws in foreign countries, there many provisions of the conflict. This paper to the law applicable law about solve interregional conflict of laws provisions as the breakthrough point, our country should how to perfect the law of application of law concerning the treatment of the relevant provisions of the interregional conflict of laws, is proposed for suggestions, hoping to help address to China s interregional conflict of laws.In addition to the introduction, the full text mainly includes the following five parts:In the first part, it discusses the definition and characteristics of the conflict itself, including the definition and the characteristics of the conflict of laws in our country. Interregional conflict of laws is a conflict between the laws of different legal systems in the same sovereign state with the independent legal system. China interregional conflict of laws in addition to general characteristics of composite law, also has many characteristics.In the second part, the paper discusses the legislative mode of solving interregional conflict of laws in foreign countries, In fact in many countries, interregional conflict of laws is no stranger to, and the conflict of early, many countries because in legal practice has been used in different areas for the management, mainly in Spain, Swiss model, Anglo American model, Eastern Europe model and model law.The third part, elaborated our country Hong Kong, Macao and Taiwan regions on the legislation and practices to solve interregional conflict of laws, in fact, China’s Hong Kong, Macao and Taiwan regions not only have their own set legal rules to solve the interregional conflict of laws, but also on the settlement of the interregional conflict of laws in the judicial practice. China, Hong Kong, Macao and Taiwan region on the settlement of interregional conflict of laws method has a similar side with the solution of international conflict of laws, there are different ways to solve the international conflict of laws.In the fourth part, the characteristics and defects of the law applicable law in China are deeply studied and analyzed. China on the settlement of the interregional conflict of laws provisions of the legislation in the legislative mode is still in the primary stage, namely, China does not have the complete interregional private law, only by "applicable law" Article 6 to solve the interregional conflict of laws for specifically stipulates. Not only so, the law only the provisions of the foreign interregional conflict of laws rules of application of law to solve, the interregional conflict of laws in China but said there is no, only in the relevant judicial interpretations of domestic interregional conflict of laws made brief mention. In addition, China close to solve the interregional conflict of laws provisions of laws, rules and regulations in the legislative concept and legislative technology still needs to be improved.The fifth part, perfect described China’s "law" on the settlement of the relevant provisions of the interregional conflict of laws, as well as to deal with domestic interregional conflict of laws method, the author puts forward the suggestions for, legislation need from two aspects of the legislative idea and technology to:in the legislative idea, establish the law domain equality and progressive ideas, bold assumptions, careful verification, actively for interregional unified private law legislation create conditions to speed up the pace of legislation for the unified interregional conflict of laws. In the legislative technique, the reference to "jurisdictions" to replace the reference to "regional"; to solve the interregional conflict of laws in China’s legal rules make clear provisions; solve foreign interregional conflict of laws rules of application of law in the provisions shall be applicable to the provisions of the relevant foreign interregional private law, if no rules of private interregional law in foreign related and can be applicable to foreign-related civil relations with most closely contact area of the law, legal. In addition, in the conditions are ripe, Chinese Unified interregional conflict of laws to replace the current law applicable law on the settlement of the interregional conflict of laws in China the specifically stipulates, perfect the legislation system.