China Regional Laws Applicable
|School||China University of Political Science|
|Keywords||Application of the law Interregional Conflict of Laws Application of Territoriality Judicial practice Evasion of Law Scholars from mainland China Applicable laws Solve Civil law|
With the development of the economy, and increasingly closer economic and trade exchanges between jurisdictions and civil exchanges and strengthen the importance of the issue of inter-district law applies is becoming increasingly apparent. The correct application of the law is the key to solve the problem of the Interregional Conflict of Laws. Mainland Interregional Conflict of Laws in the legislative and judicial practice there shortcomings difficult to ensure the correct application of the law, to promote smooth settlement of the Interregional Conflict of Laws. In this paper, starting from the theory and practice of the continent to solve the problem of inter-district law applies, to explore the problem of inter-district law applies. The first chapter mainland adjust Interregional Conflict of Laws legislative status quo, and pointed out that the mainland legislation in this regard is very imperfect, too much reliance on the judicial interpretation, and deeply influenced by legal possessions ideology. Brief Taiwan, Hong Kong and Macao to adjust the inter-district law applicable legislation to play the role of reference for legislation on the mainland. Then a brief analysis of the current Research scholars from mainland China Regional Laws applicable theory, various jurisdictions to develop their own inter-district law applicable specification is the most desirable method to solve the problem of inter-district law applies. Chapter II detailed analysis of the problems exposed by the mainland court in the judicial practice of inter-district law applies judges ignore the law applies still quite common, there is abuse of the court, unreasonable restrictions and exclusions outside the domain of law applies phenomenon. The specific use of the system in the judicial practice combined with the mainland Court, discussed in detail to identify renvoi circumvent the law, public order reserved Outland law to identify the inter-district conflicts of law theory in the inter-district law applies in parsing the status quo at the same time to explore how the system should be used in positive and reasonable solution to the problem of inter-district law applies. Chapter resolved on the law applicable to the problem of inter-district idea. That civil and commercial legal jurisdictions must follow in China's inter-district law applies on an equal footing, equal civil legal status of the parties of various jurisdictions, to give up the three basic principles on the application of the law of Territoriality. These three principles should not only be clearly reflected in the legislation, and should start to finish throughout the entire process of adjustment Regional Laws applicable. Some ideas under the guidance of the three principles, solving the problem of inter-district law applies: adjust the inter-district law applies the principle terms set in the Constitution to make the principle of inter-district law applies from the constitutional level as soon as possible to develop specific sexual adjustment and regulation; Regional Laws applicable specifications should note that strictly limit the the unilateral law applies specification, emphasis on bilateral law applicable specifications; establishment of the system of case law guidance Interregional Conflict of Laws to make up only rely on written statutes adjustment deficiencies. In order to completely abandon the and territorial tendencies to overcome the continent Interregional Conflict of Laws, a fair and equitable to select internal and external domain law, to promote the proper settlement of Chinese Interregional Conflict of Laws.