International Private Law General Theory (Second Edition)

Author: Li Shuangyuan et al.
Publisher:
Publishing Date: 2003-01-01
Features: The General Theory of Private International Law of China (second edition) has been widely acclaimed in academia since its publication in 1996, having been reprinted several times but is now out of print. Moreover, with the continuous expansion of international exchanges, the further deepening of China's reform and opening-up, the formation of a "one country, four legal systems," and China's accession to the World Trade Organization (WTO), China has become the fourth-largest economy after the European Union, the United States, and Japan. Cross-border civil and commercial relations have become more developed and complex than seven years ago, and the role of private international law in the legal system has greatly increased. The theoretical research and domestic legislative and judicial practices of private international law have also made greater progress. Therefore, we decided to make major revisions to the original book.
First, this second edition further highlights the Chinese content and characteristics. Looking back at the seven years since the first edition of this book, it is undeniable that China's private international law has made encouraging progress and development in theoretical research, legislation, judicial and arbitration practices, and other aspects. These advancements are not only consistent with the pace of China's reform and opening-up but also align with the process of contemporary globalization. The progress of China's private international law in the aforementioned areas reflects, to some extent, the strengthening of the rule of law in China and the comprehensive revitalization of the legal culture of the Chinese nation. This is the main motivation for the second edition to devote more attention and provide a more detailed discussion in these aspects.
Second, the original edition of this book was supplemented on the basis of Private International Law of China, a textbook for higher education law schools, published in 1990. It was largely limited to the framework of a textbook, as evidenced by the overwhelming proportion of introductory content. This second edition significantly increases the theoretical elaboration, evaluation, and discussion, making it more academic, argumentative, and enlightening. Moreover, since these theoretical elaborations, evaluations, and discussions are based on the perspective and stance of Chinese scholars of private international law, they incorporate many of our own research insights and theoretical viewpoints, thereby greatly enhancing the Chinese characteristics and personalized features of the second edition.
Third, the second edition not only replaces outdated content from the original edition in terms of private international law legislation in China and abroad, international treaties, international customs, and foreign doctrines but also supplements a considerable amount of very new material. For this revision, we first added a large number of new domestic and international legislative and theoretical achievements to address the shortcomings of the original book and current similar works. This includes supplements such as China's Contract Law, Special Procedures of Maritime Litigation, Regulations on Technology Import and Export, Trust Law, and the newly amended Adoption Law, Patent Law, Trademark Law, Copyright Law, Regulations on the Protection of Integrated Circuit Layouts, Regulations on the Protection of Computer Software, and Law of the Joint Venture between Chinese and Foreign Enterprises. We also added recent judicial interpretations issued by the Supreme People's Court of China concerning judicial assistance, interregional judicial assistance, jurisdiction over cross-border civil and commercial cases, and commercial arbitration, as well as content related to interregional legal conflicts, interregional judicial assistance, and the recognition and enforcement of interregional arbitral awards in China. Additionally, we introduced the content of the Demonstration Law of Private International Law of China, drafted by the Chinese Society of Private International Law in 2000, on certain legal issues, further highlighting the distinctive features of this book as "Private International Law of China."
In terms of international legal sources, we added provisions from international legislation such as the Incoterms 2000, several conventions passed by the Hague Conference on Private International Law in recent years, the draft Hague Convention on Jurisdiction, Applicability of Law, and Enforcement of Foreign Judgments in Civil and Commercial Matters (1999), and the Regulation of the Council of the European Union on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (2000). In the analysis of foreign private international law legislation, we reviewed new private international law legislation and new arbitration rules of domestic and foreign arbitration institutions for a series of countries not covered in the original edition, such as Louisiana, Quebec, Romania, Italy, the United Kingdom, Vietnam, Liechtenstein, Venezuela, Tunisia, Belarus, and Germany. At the same time, we reflected the latest developments in Dicey and Morris on Conflict of Laws (13th edition) and Keating and North's Private International Law (13th edition). We also supplemented our own new analyses on topics such as reconstructing the international order of private and commercial law, the relationship between conflict justice and substantial justice, the impact of the application of Intertemp on traditional connecting factors and applicable laws, reasonable restrictions on the application of the lex fori, and legal issues of EDI in international trade. However, to avoid excessive expansion of, some content was also deleted.
Lastly, it is worth emphasizing that the second edition has made appropriate adjustments to the structure of the original edition. For example, the chapter on bankruptcy was revised and incorporated into the part on property rights, and the entire book is divided into five parts, enhancing the organization and hierarchical structure of the content. All of these improvements should significantly contribute to the quality of this book.
The General Theory of Private International Law of China (second edition) has been widely acclaimed in academia since its publication in 1996, having been reprinted several times but is now out of print. Moreover, with the continuous expansion of international exchanges, the further deepening of China's reform and opening-up, the formation of a "one country, four legal systems," and China's accession to the World Trade Organization (WTO), China has become the fourth-largest economy after the European Union, the United States, and Japan. Cross-border civil and commercial relations have become more developed and complex than seven years ago, and the role of private international law in the legal system has greatly increased. The theoretical research and domestic legislative and judicial practices of private international law have also made greater progress. Therefore, we decided to make major revisions to the original book.
First, this second edition further highlights the Chinese content and characteristics. Looking back at the seven years since the first edition of this book, it is undeniable that China's private international law has made encouraging progress and development in theoretical research, legislation, judicial and arbitration practices, and other aspects. These advancements are not only consistent with the pace of China's reform and opening-up but also align with the process of contemporary globalization. The progress of China's private international law in the aforementioned areas reflects, to some extent, the strengthening of the rule of law in China and the comprehensive revitalization of the legal culture of the Chinese nation. This is the main motivation for the second edition to devote more attention and provide a more detailed discussion in these aspects.
Second, the original edition of this book was supplemented on the basis of Private International Law of China, a textbook for higher education law schools, published in 1990. It was largely limited to the framework of a textbook, as evidenced by the overwhelming proportion of introductory content. This second edition significantly increases the theoretical elaboration, evaluation, and discussion, making it more academic, argumentative, and enlightening. Moreover, since these theoretical elaborations, evaluations, and discussions are based on the perspective and stance of Chinese scholars of private international law, they incorporate many of our own research insights and theoretical viewpoints, thereby greatly enhancing the Chinese characteristics and personalized features of the second edition.
Third, the second edition not only replaces outdated content from the original edition in terms of private international law legislation in China and abroad, international treaties, international customs, and foreign doctrines but also supplements a considerable amount of very new material. For this revision, we first added a large number of new domestic and international legislative and theoretical achievements to address the shortcomings of the original book and current similar works. This includes supplements such as China's Contract Law, Special Procedures of Maritime Litigation, Regulations on Technology Import and Export, Trust Law, and the newly amended Adoption Law, Patent Law, Trademark Law, Copyright Law, Regulations on the Protection of Integrated Circuit Layouts, Regulations on the Protection of Computer Software, and Law of the Joint Venture between Chinese and Foreign Enterprises. We also added recent judicial interpretations issued by the Supreme People's Court of China concerning judicial assistance, interregional judicial assistance, jurisdiction over cross-border civil and commercial cases, and commercial arbitration, as well as content related to interregional legal conflicts, interregional judicial assistance, and the recognition and enforcement of interregional arbitral awards in China. Additionally, we introduced the content of the Demonstration Law of Private International Law of China, drafted by the Chinese Society of Private International Law in 2000, on certain legal issues, further highlighting the distinctive features of this book as "Private International Law of China."
In terms of international legal sources, we added provisions from international legislation such as the Incoterms 2000, several conventions passed by the Hague Conference on Private International Law in recent years, the draft Hague Convention on Jurisdiction, Applicability of Law, and Enforcement of Foreign Judgments in Civil and Commercial Matters (1999), and the Regulation of the Council of the European Union on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (2000). In the analysis of foreign private international law legislation, we reviewed new private international law legislation and new arbitration rules of domestic and foreign arbitration institutions for a series of countries not covered in the original edition, such as Louisiana, Quebec, Romania, Italy, the United Kingdom, Vietnam, Liechtenstein, Venezuela, Tunisia, Belarus, and Germany. At the same time, we reflected the latest developments in Dicey and Morris on Conflict of Laws (13th edition) and Keating and North's Private International Law (13th edition). We also supplemented our own new analyses on topics such as reconstructing the international order of private and commercial law, the relationship between conflict justice and substantial justice, the impact of the application of Intertemp on traditional connecting factors and applicable laws, reasonable restrictions on the application of the lex fori, and legal issues of EDI in international trade. However, to avoid excessive expansion of, some content was also deleted.
Lastly, it is worth emphasizing that the second edition has made appropriate adjustments to the structure of the original edition. For example, the chapter on bankruptcy was revised and incorporated into the part on property rights, and the entire book is divided into five parts, enhancing the organization and hierarchical structure of the content. All of these improvements should significantly contribute to the quality of this book.