Research on Private International Law in China

Author: Shen Juan
Publisher:
Publish Date: 1999-05-01
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 incomplete 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 the adjustment of regional civil legal conflicts, there are only a few judicial interpretations. This July, Hong Kong is set to return to the motherland, and Macau will also return in 1999. China's regional legal conflict issues will undoubtedly increase. This complex and special new regional legal conflict issue requires a relatively sound regional conflict of laws to regulate it. Therefore, researching China's regional conflict of laws from a theoretical perspective undoubtedly has important practical significance and profound historical significance. The author has long been concerned with China's regional conflict of laws in her teaching and research, collecting a large amount of data, conducting in-depth thinking, and writing her doctoral dissertation, "A Study on China's Regional 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 methods used in Chinese history to regulate regional legal conflicts, analyzes the current state of modern China's regional legal conflicts and the obstacles to regulating legal conflicts, proposes several methods for adjusting regional legal conflicts, demonstrates the general rules of China's regional conflict of laws and their development and improvement, and specifically explores the adjustment of several types of China's regional civil legal relationships, ultimately concluding that the development direction of China's regional conflict of laws will be towards 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 the author's new work published and am pleased to write a few more words as a preface. Han Depei April 1997