International Private Law General Theory (Second Edition) (21st Century Legal Textbooks)

Author: Li Shuangyuan
Publisher:
Publishing Date: 2003-01-01
Features: The General Theory of Private International Law of China (2nd Edition) has received widespread acclaim in academia since its publication in 1996, with multiple reprints, but it has long been out of stock. Moreover, with the continuous expansion of international exchanges, the further deepening of China's reform and opening-up, the formation of "one country, four legal systems," and China's accession to the World Trade Organization (WTO), China has become the fourth-largest economy in the world, after the European Union, the United States, and Japan. International civil and commercial relationships have become more developed and complex than seven years ago, and the role of private international law in the legal system has greatly improved. The theoretical research work of private international law, as well as domestic legislation and judicial practice, have also made greater progress, prompting us to decide to revise the original book significantly.
First, this second edition further highlights the content and characteristics of China. 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 all aspects, including theoretical research, legislation, judicial and arbitration practice. 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 China's rule of law and the comprehensive revitalization of the legal culture of the Chinese nation. This is the primary motivation for the second edition to devote more attention to these aspects and provide more detailed discussions.
Second, the original edition of The General Theory of Private International Law of China was published in 1990 as a textbook for law schools and was largely based on the original textbook, with a significant portion dedicated to introductory content. This second edition has greatly increased the theoretical elaborations, evaluations, and discussions, making it more academic, argumentative, and enlightening. Moreover, since these theoretical discussions, 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 strengthening the distinctive characteristics of the second edition.
Third, the second edition not only replaces outdated content from the original edition regarding private international law legislation in China and abroad but also adds a considerable amount of new material. For this revision, we have first added a large number of new domestic and international legislative achievements and theoretical research findings to address the shortcomings of the original book and current similar works. This includes the addition of China's Contract Law, Special Procedures of Maritime Litigation, Regulations on the Administration of Technology Import and Export, Trust Law, and the latest amended Adoption Law, Patent Law, Trademark Law, Copyright Law, Regulations on the Protection of Integrated Circuit Layout Design, Regulations on the Protection of Computer Software, and the Law of the Joint Venture between Chinese and Foreign Enterprises. We have also included recent judicial interpretations issued by the Supreme People's Court of China on judicial assistance, interregional judicial cooperation, jurisdiction over foreign civil and commercial cases, and commercial arbitration, as well as content on interregional legal conflicts, interregional judicial cooperation, and the recognition and enforcement of interregional arbitral awards. Additionally, we have introduced the content of the 2000 Model Law on Private International Law of China, drafted by the Chinese Society of Private International Law, on certain legal issues, further highlighting the distinctive features of this book as a work on "Private International Law of China."
In terms of international legal sources, we have added provisions from the 2000 Incoterms Rules, several conventions passed by the Hague Conference on Private International Law in recent years, the draft 1999 Hague Convention on Jurisdiction, Applicability of Substantive Law, and Enforcement of Foreign Judgments, and the 2000 Council of the European Union Regulation on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters.
In the analysis of foreign private international law legislation, we have reviewed the new private international law legislation of a series of countries, including Louisiana, Quebec, Romania, Italy, the United Kingdom, Vietnam, Liechtenstein, Venezuela, Tunisia, Belarus, and Germany, as well as new arbitration rules of domestic and foreign arbitration institutions. At the same time, we reflect the new developments in Dicey and Morris on Conflict of Laws (13th Edition) and Chisholm and North on Private International Law (13th Edition). We have also supplemented our own analyses on topics such as reconstructing the international order of civil and commercial law in the context of globalization, the relationship between conflict justice and substantial justice, the impact of Intertemporal on traditional connecting factors and applicable laws, the reasonable restrictions on the application of the lex fori, and EDI legal issues in international trade. However, to avoid excessive expansion, some content has also been removed.
Finally, 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 has been revised and incorporated into the part on property rights, and the entire book is now divided into five parts, enhancing the organization and hierarchy of the content. All of these improvements should significantly contribute to the quality of this book.