Research on Private International Law in China

Author: Shen Juan
Publisher:
Publish Date: 2003-01-01
Features: Preface Since the reform and opening-up, China has made significant progress in the development of its legal system, formulating a series of laws and regulations. However, as a whole, China's legal system has not yet reached a sound stage, with many laws still imperfect and some even remaining blank. For example, China's conflict of laws legislation remains very backward. The conflict of laws governing international civil legal conflicts is only sparsely stipulated in laws such as the General Principles of Civil Law, while in terms of regulating interregional civil legal conflicts, there are only a few judicial interpretations. This July, Hong Kong is about to return to the motherland, and Macau will also return in 1999. China's interregional legal conflict issues will undoubtedly increase. This complex and special new type of interregional legal conflict requires a more comprehensive interregional conflict of laws to regulate it. Therefore, conducting theoretical research on China's interregional conflict of laws undoubtedly has significant practical and profound historical implications.
The author has long been concerned with China's interregional conflict of laws through her years of teaching and research, collecting a large amount of material and engaging in deep reflection, and has written her doctoral dissertation, Research on China's Interregional Conflict of Laws. Now, after revision and supplementation by the author, the paper has finally been published as a book. This book draws inspiration from the historical methods of regulating interregional legal conflicts in China, analyzes the current state of modern China's interregional legal conflicts and the obstacles to regulating legal conflicts, proposes several methods for regulating interregional legal conflicts, demonstrates the general rules of China's interregional conflict of laws and their development and improvement, and specifically explores the regulation of several types of China's interregional civil legal relationships, finally concluding that the development direction of China's interregional conflict of laws will be toward unification. The author has put forward many of her own insights and proposals in this book, which are innovative and demonstrate her keen thinking and diligent exploration.
During her doctoral studies, I served as her supervisor. Previously, when the author published Conflict of Laws and Its Value Orientation, I wrote the preface for it. Now, I am delighted to see another new work by the author, and I am particularly pleased to write a few more words as a preface. Han Depei April 1997