중국 국제사법의 새로운 동향 - 섭외민사관계법률적용법 및 사법해석을 중심으로 -

Abstract

Private International Law is the basic law of international trade. In view of the frequent civil and commercial intercourse between South Korea and China, it is very essential to research Chinese private international law. On October 28, 2010, the Act on Application of Laws to Civil Matters involving Foreign Element (“CPILA”) of the People’s Republic of China (“PRC”) was approved by the Standing Committee of the National People’s Congress (“NPC”)and took effect on April 1, 2011. The Act is the first national-level law that consolidates the conflict of laws principles into a single piece of legislation. In December 2012, on the foundation of investigating and researching the problems of application of the law in legal practice, the Supreme People’s Court of PRC issued The Interpretations on Several Issues Concerning Application of the Act on Application of laws to Civil Matters involving Foreign Element (I) (Interpretation I) , which took effect on January 7, 2013. This paper, comparing with Private International Law of Korea, is to introduce the legislation process, characteristics, existing problems, and conflict rules in different areas of the CPILA and Interpretation I. Additionally, some relevant concepts in CPILA and the application of CPILA and Interpretation I in practice is to be practically explained and analyzed basing on the legislative theory and interpretation theory.