China’s Codification of Conflicts Law: Latest Efforts
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This article provides a systematic introduction to and an in-depth analysis of the draft of the “Act on Application of Laws in Civil Matters involving Foreign Elements” (the Draft) which represents the latest efforts of Chinese scholars for codification of Chinese Conflicts Law and serves as a blueprint for the National People’s Congress to enact China’s first conflicts code. Part one of the article provides an overview of the status quo of Chinese private international law from the perspective of legislation, judicial practice and theory. Part two introduces the background and major features of the Draft. Part Three provides a comprehensive exegesis of the important issues of the Draft, and puts forward corresponding suggestions. In Part four, the article concludes that the Draft is, symbolically, a major achievement made by Chinese scholars, but still requires further improvement and modification.
Abstract
This article provides a systematic introduction to and an in-depth analysis of the draft of the “Act on Application of Laws in Civil Matters involving Foreign Elements” (the Draft) which represents the latest efforts of Chinese scholars for codification of Chinese Conflicts Law and serves as a blueprint for the National People’s Congress to enact China’s first conflicts code. Part one of the article provides an overview of the status quo of Chinese private international law from the perspective of legislation, judicial practice and theory. Part two introduces the background and major features of the Draft. Part Three provides a comprehensive exegesis of the important issues of the Draft, and puts forward corresponding suggestions. In Part four, the article concludes that the Draft is, symbolically, a major achievement made by Chinese scholars, but still requires further improvement and modification.
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