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Private International Law in Chinese Courts
HUANG Jin, DU Huanfang
Front. Law China. 2006, 1 (1): 14-33.
https://doi.org/10.1007/s11463-005-0012-z
After the entry of China intoWorld Trade Organization, there are problems such as jurisdiction, application of law, and judicial assistance, which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters. As for private and international law problems in the Chinese courts, this paper analyses some general issues, including renovi, inter-temporal conflicts, and proof of foreign laws; reviews jurisdiction problems, for example, common jurisdiction versus special jurisdiction, selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction; discusses the choice of law problems such as the principle of party autonomy, the principle of the most significant relationship and d暅e擆ge method; and studies recognition and enforcement of foreign judgment and international commercial arbitral award.
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A Dialectic Study of the Structure and Basic Concepts of Traditional Chinese Law and an Analysis of the Relationship Between li (ceremony) and fa (law)
ZENG Xianyi, MA Xiaohong
Front. Law China. 2006, 1 (1): 34-52.
https://doi.org/10.1007/s11463-005-0015-9
In the course of history, the meaning of fa (a Chinese character with an approximate meaning of law ) has not been invariable, and its connotation in modern times has been enriched constantly, so as to incorporate many elements of ancient li (ceremony). If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional Chinese law, misunderstandings might arise. Actually, li and fa are indispensable components of traditional Chinese law, and the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese law. In traditional Chinese law, fa usually refers to an institutional dimension, especially after Qin and Han dynasties, whereas li, especially li yi (moral basis for rites and ceremonies), is where the value and spirit of traditional Chinese law can be found.
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