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The Structure of China's Conflicts Law: New Developments of the Rules on Special Commercial Law

Published online by Cambridge University Press:  21 May 2009

Huang Jin
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Extract

After the establishment of the People's Republic of China in 1949, China abrogated all unequal treaties imposed on it by foreign countries and abolished every illegal extra-territoriality enjoyed by foreigners in China, which has created optimal conditions for the country to increase its exchanges with foreign countries independently and to begin to establish an efficient and effective conflicts law system.1 For nearly three decades, however, for various reasons China's legislative bodies did not pay sufficient attention to developing conflicts law and the academic study of the subject in China was protracted. Except for a few bilateral treaties,2 which contained a few conflict rules, one could hardly find similar provisions in the other international treaties concluded or acceded to by China. Conflict rules were absent in domestic legislation except a few rules to be found in unopened regulations and documents. After 1978, with the development of an open-door policy toward the outside world, China's domestic legislation of conflicts law was finally placed on the agenda of the domestic legislation in 1983.

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Articles
Information
Netherlands International Law Review , Volume 45 , Issue 2 , August 1998 , pp. 188 - 207
Copyright
Copyright © T.M.C. Asser Press 1998

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References

1. In this article, the term ‘conflicts law’ refers to conflict rules and their system concerned, or choice of law system, not including rules of jurisdiction, recognition and enforcement of foreign judgments.

2. For example, Art. 22 of Consular Treaty between the People's Republic of China and the Union of Soviet Socialist Republics.

3. See Laws and Regulations of the People's Republic of China Governing Foreign-Related Matters (1949–1990), compiled by the Bureau of Legislative Affairs of the State Council of the People's Republic of China, Vols. 1–3 (Beijing, China Legal System Publishing House 1991) pp. 517–533.Google Scholar

4. See supra n. 3, at pp. 484–488.

5. Ibid., at pp. 469–473.

6. Ibid., at pp. 550–551.

7. Ibid., at pp. 331–348.

8. Ibid., at pp. 1054–1057.

9. See Laws and Regulations of the People's Republic of China and 1ts Provinces and Cities on Introducting Foreign Investment (in Chinese) (Beijing, Press of China University of Politics and Law 1994) pp. 99–102.Google Scholar

10. See supra n. 3, at pp. 492–506.

11. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1992) pp. 169–171.Google Scholar

12. See Maritime Code of the People's Republic of China (in English and Chinese), the English version was translated by the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China (Beijing, Law Publishing House 1993) pp. 82–84.Google Scholar

13. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1994) pp. 452–453.Google Scholar

14. For Chinese version, see Li, Shishi, et al., eds., The Explanation of the Law on Negotiable Instruments of the People's Republic of China (in Chinese) (Beijing, Law Publishing House 1995) pp. 256–276.Google Scholar

15. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1996) pp. 278–293.Google Scholar

16. See Law Yearbook of China (Beijing, Law Publishing House 1987) pp. 578–581.Google Scholar

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18. See Law Yearbook of China (Beijing, Law Publishing House 1989) pp. 672–682; Hunter, op. cit. n. 17, at pp. 26–27.Google Scholar

19. See Han, Depei, Guoji Sifa [Private International Law] (Wuhan, Wuhan University Press 1989) pp. 6–8.Google Scholar

20. See The Laws of the People's Republic of China (1979–1982), compiled by the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China, Vol. 1 (Beijing, Foreign Languages Press 1987) p. 255.Google Scholar

21. See supra n. 3, at p. 295.

22. These Regulations are reprinted in Statutes and Regulations of the People's Republic of China, Vol. II, 840207 (Hong Kong, Institute of Chinese Law (Publishers) Ltd. 1987).Google ScholarPubMed

23. See supra n. 3, at p. 293.

24. Ibid., at p. 294.

25. Ibid., at pp. 478–479.

26. Ibid., at pp. 517–533.

27. Ibid., at pp. 550–551.

28. See Hunter, op. cit. n. 17, at p. 15; and see also supra n. 3, at pp. 1054–1057.

29. See supra n. 9, at pp. 99–102.

30. See supra n. 3, at pp. 492–506.

31. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1994) pp. 452–453.Google Scholar

32. See supra n. 3, at pp. 484–488.

33. Ibid., at pp. 469–473.

34. Ibid., at pp. 347–348.

35. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1992) pp. 169–171.Google Scholar

36. See supra n. 12, at pp. 82–84.

37. See Li Shishi, et al., eds., op. cit. n. 14, at pp. 256–276.

38. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1996) pp. 278–293.Google Scholar

39. See Han Depei, op. cit. n. 19, at p. 416.

40. This Convention is reprinted in Evans, M.D., ed., Blackstone's International Law Documents, 3rd edn. (London, Blackstone Press Limited 1996) pp. 73–83.Google Scholar

41. This Statute in French is reprinted in The Hague Conference on Private International Law Collection of Conventions (1951–1996), edited by the Permanent Bureau of the Hague Conference on Private International Law (Antwerp, Maklu 1996). For its English translation, see 3 NILR (1956) p. 99.Google Scholar

42. See The Hague Conference op. cit. n. 41, at pp. 76–95.

43. See Law Yearbook of China (Beijing, Press of Law Yearbook of China 1993) pp. 697–698.Google Scholar

44. See The Hague Conference op. cit. n. 41, at pp. 152–169.

45. See Legal System Daily (in Chinese), 4 July 1997 (Beijing).Google ScholarPubMed

46. See Han, Depei, et al., eds., Guoji Sifa Jiaoxue Cankao Ziliao Xuanbian [Selections of Teaching Materials of Private International Law], Vol. 1 (Wuhan, Wuhan University Press 1991) pp. 68–72.Google Scholar

47. See Han Depei, et al., eds., op. cit. n. 46, at pp. 72–76.

48. See Yu, Xianyu, Chongtufa [The Conflict of Laws] (Beijing, Law Publishing House 1989) p. 70.Google Scholar

49. See Han Depei, et al., eds., op. cit. n. 46, at pp. 117–122.

50. Ibid., at pp. 78–84.

51. Ibid., at pp. 228–237.

52. Ibid., at pp. 98–113.

53. Ibid., at pp. 247–266.

54. Ibid., at pp. 276–299.

55. Ibid., at pp. 266–275.

56. See Karrer, P.A., et al., eds., Switzerland's Private International Law, 2nd edn. (Deventer, Kluwer Law and Taxation Publishers 1994) pp. 31–166; Han Depei, et al., eds., op. cit. n. 46, at pp. 323–374.Google Scholar

57. See Cheshire, G.C. & North, P.M., Private International Law, 11th edn. (London, Butterworths 1987) pp. 507–512.Google Scholar

58. See Han, Depei, ‘Recent Developments of Private International Law’, Chinese Yearbook of International Law (Beijing, Law Publishing House 1988).Google Scholar

59. Arts. 127, 132.

60. See supra n. 20, at pp. 251–252.

61. See supra n. 17.

62. See supra n. 18.

63. For the English version, see supra n. 12.

64. Ibid., at pp. 82–84.

65. Ibid., at p. 83.

66. Idem.

67. Idem.

68. Idem.

69. See supra n. 12, at pp. 83–84.

70. Ibid., at p. 84.

71. Idem.

72. See Li Shishi, et al., eds., op. cit. n. 14.

73. Ibid., at p. 273.

74. Ibid., at p. 274.

75. Ibid., at pp. 223–229.

76. Ibid., at p. 273.

77. Ibid., at p. 274.

78. Ibid., at p. 232; see Art. 2 of the Convention for the Settlement of Certain Conflicts of Laws in Connection with Bills of Exchange and Promissory Notes (concluded on 7 June 1930 at Geneva) and Art. 2 of the Convention for the Settlement of Certain Conflicts of Laws in Connection with Cheques (concluded on 19 March 1931 at Geneva).

79. See Li Shishi, et al., eds., op. cit. n. 14, at p. 274.

80. See Cheshire & North, op. cit. n. 57, at p. 508.

81. See Li Shishi, et al., eds., op. cit. n. 14, at p. 274.

82. Ibid., at p. 260.

83. Ibid., at p. 235.

84. Ibid., at p. 236.

85. Ibid., at pp. 236–237, 274.

86. Ibid., at pp. 237, 274.