The Study Of The Principles Of Law In The Habitual Residence Of Natural Persons

On October 28,2010,the Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China(hereinafter referred to as ‘the law of the application of law')has marked China's official entry into the law of habitual residence.As a major milestone in the history of private international law in China,the law has received great attention from academia,and some of the provisions have also been widely discussed.Abandoning the residence completely,reducing the use of the nationality,and using the habitual residence widely is a significant feature of the law.However,habitual residence is a relatively new concept in China,and there is no uniform understanding of the specific connotation of habitual residence.Starting from the connotation of habitual residence,this paper analyzes the reasons for the development of habitual residence on the basis of clarifying its connotation,then further compares the difference between it and related concepts,and analyzes the identification standard of habitual residence.Secondly,making comparison between the law of the application of law and foreign legislation and judgment.Putting forward that the law of the application of law has some defects,including the distinctions between correlation concepts are not clear,the standard of habitual residence is uncertainty,some articles are lack of consideration and so on.Finally,the author puts forward some suggestions to improve the law of the application of law.The author hopes that law of the application of law can play a valuable role in China's practice.