Conflict of Laws in the Peopleã¢â‚¬â„¢s Republic of China Review and Commentary
New publication: Disharmonize of Laws in the People's Republic of Communist china
Past Professor Zheng Sophia Tang (Newcastle Academy), Professor Yongping Xiao (Wuhan University, China) and Professor Zhengxin Huo (Red china Academy of Politics and Police)
The area of conflict of laws in China has undergone fundamental evolution in the by three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both Cathay and the UK, this book provides the most up-to-appointment and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of police, process, judgment and awards recognition and enforcement, and interregional conflicts in China.
Providing comprehensive and sophisticated analysis of current Chinese disharmonize of laws, the authors assess the actual judicial do and case decisions. The volume takes into account the celebrated, political and economical groundwork of the field of study matter, too every bit relevant empirical bear witness and data, especially recognizing the contribution of Chinese scholars in the field. It examined over 300 cases and over 130 legislative and judicial interpretive materials. It concludes that the Chinese conflicts organisation has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative procedure and ameliorate judicial preparation and judicial practice.
This timely book is an invaluable resource for academics and practitioners in private international police, conflict of laws, international law, international litigation, Chinese law and international civil and commercial matters involving China.
Contents
Part I Conflict of Laws in People's republic of china—History and Concept
ane. Conflict of Laws in People's republic of china—A Historical Perspective
2. Concepts and Preliminary Questions
Function II Jurisdiction, Procedure, Foreign Judgments and Awards
three. Jurisdiction in Chinese Courts
4. Failing Jurisdiction in Chinese Courts
5. Selected Procedural Issues in Strange-Related Litigation in China
six. Recognition and Enforcement of Foreign Judgments in Chinese Courts
7. Recognition and Enforcement of Arbitral Awards in Chinese Courts
Office Three Selection of Law
8. Option of Law in Contracts
9. Pick of Law in Tort
10. Choice of Law in Unjust Enrichment and Negotiorum Gestio
11. Choice of Law in Property
12. Selection of Constabulary in Intellectual Property
Part IV Interregional Conflicts and Cooperation
13 Interregional Conflicts and Cooperation betwixt Mainland, Hong Kong, Macau and Taiwan
Part V Final Remarks
14. Chinese Conflict of Laws: Past, Present and Future
Critical Acclamation
'This is an excellent and up-to-date book that enables the English-speaking globe to get an accurate and comprehensive understanding of private international constabulary in mainland China. The Chinese system tin can be said to be a mixed organization, in that it is simply partially governed by statute and much of the law still emerges from case constabulary and interpretations of the law given by the Supreme People'southward Court. The authors bespeak out that only in very few cases do the Chinese courts actually utilize foreign constabulary. This tendency of the judges to avoid the application of strange law is i of several features of the Chinese arrangement of private international law that shows the importance of judicial decisions to agreement how the organization actually works. The writers rightly point out areas where Chinese private international police could be improved, with recommendations that China should liberalise its approach to recognition and enforcement of foreign judgments past adopting a de jure approach to reciprocity and by entering into multilateral treaties similar the Hague Choice of Court Agreements Convention 2005.'
– Paul Beaumont, Academy of Aberdeen, UK
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Source: https://conflictoflaws.net/2016/new-publication-conflict-of-laws-in-the-peoples-republic-of-china/
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