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Chinas Codification of Conflicts Law: Latest Efforts
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- Authors
- Issue Date
- 2010
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.51 No.3, pp. 279-323
- 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 Peoples Congress
to enact Chinas 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.
- ISSN
- 1598-222X
- Language
- English
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