Analysis Of "Habitual Residence" Of The Natural Person In Law Of The Prc On Choice Of Law From The Aspect Of Dispute Of Shareholders' Qualification Case

As a new connection point in Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships(hereinafter referred to the Law of Choice Law),“habitual residence” is used internationally.There is a clear distinction between terms such as“regular residence” and “residence” used in domestic law,both in terms of the scope of application and the standard of identification.Regular residence does not require permanent settlement intentions,but it does not completely disregard the subjective intentions of the parties.This paper is based on the Supreme People's Court's Interpretation of the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships(hereinafter referred to as Interpretation(1)).This paper in conjunction with the Shandong Provincial Higher People's Court's decision—The case of the dispute of Guo Zongmin,Li Shuzhen and Qingdao Changlong Co.Ltd.shareholders' qualification(hereinafter referred to“Guo Zongxi case”).The author tried to explore a new thinking mood to identify natural person's habitual residence and mutual habitual residence.That is,focused on the subjective will of natural person and the time for continuous residence should be relatively continuous.“three steps” of identification is proposed,and introducing the Closest Relation Principle.This paper about four parts,focusing on the case of Guo Zongmin,totaling 24,000 words.The first part introduces the Guo Zongmin case,and summarizes the main disputes in this case.The second part is the analysis of natural persons' habitual residence.Article 15 of Interpretation(1)provides the identification standard.The author discusses both subjective intention and residence time,and proposes an understanding of “exceptional circumstances”.The third part is the judgment of “mutual habitual residence”.This part mainly discusses the understanding of the mutual habitual residence between the parties that should be further magnified understanding.The author puts forward his own ideas,and Interpretation(1)can be further supplemented.In judicial practice,it need a more reasonable and effective way to identify.The fourth part is the reflection caused by the case of Guo Zongmin.Firstly,this paper proposes to enlarge the habitual residence's requirements for “life center”.It still requires the parties choose home based on the true will and settlement intention.In the criterion of continuous residence,the standard is considered to be a relatively continuous state.Secondly,for the recognition of the mutual habitual residence,the “three steps” method is proposed.This article proposes the Closest Relation Principle based on certain personal relationships and others,such as the relationship between husband and wife or the relationship between parents and children,even if one party's habitual residence is uncertain or unclear,it does not fully comply with the requirements of Interpretation(1),in some cases it may also be considered that the place is both parties' mutual residence.