Chinas Codification of Conflicts Law: Latest Efforts

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.