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See R. Graveson, Problem of Private International Law in Non-Unified Legal Systems, 141 Recueil des cours 203 (1974); S. C. Mccaffrey, Conflict of Laws, in D. Campbell & W. Hepperle (eds.), The U. S. Legal System 119 (1983).
“Chinese private international law” here and in this article only refers to private international law of Mainland China.
See Han Depei (ed.), Private International Law, Higher Education Press & Beijing University Press, China, 2000, at 55-61; Huang Jin (ed.), Private International Law, Law Press, China, 1999, at 161-177.
In China, Professor Huang Jin of Wuhan University Law School is a very important advocate who advises Chinese scholars of private international law to study Chinese judicial practice of private international law. Professor Huang points out that studying practice, serving practice and directing practice must be an important directive principle during the studying of Chinese private international law in the future. See Huang Jin & Chen Weidong, Retrospect and Prospect of China’s Studies of Private International Law during Her Ninth Five-year Plan, in Han Depei, Yu Xianyu & Huang Jin (eds.), 4 Chinese Yearbook of Private International Law and Comparative Law 11 (2001).
See Jiang Ping (ed.), Chinese Judicial Dictionary, Jilin People’s Press, China, 1991, at 6.
See Huang Jin, supra note 4, at 64-65, 165.
See Han Depei, supra note 4, at 3; Huang Jin, supra note 4,at 2-3; see also Chinese Society of Private International Law, Model Law of Private International Law of People’s Republic of China (Sixth Draft), Law Press, China, 2000, at 4, 42.
Article 142(2) & (3) of the 1987 General Rules of Civil Law.
Article 145 of the 1987 General Rules of Civil Law.
Article 146 of the 1987 General Rules of Civil Law.
Article 150 of the 1987 General Rules of Civil Law.
Fasi (2001) No. 13.
Fasi (1999) No. 10.
Fasi (1998) No.11.
Fashi (2001) No. 26.
Article 1 of Arrangement.
Article 2 of Arrangement.
See Fashi (1999) No. 9 and Fashi (2000) No. 3.
Certainly, besides the interregional service and the interregional taking of evidence, Mainland China and the HKSAR, the MSAR and even the Taiwan Region should try their best to develop the interregional recognition and enforcement of civil and commercial judgments. For discussion, see Huang Jin (ed.), Studies on Chinese Issues on Interregional Law, Law Press, China, 2001.
See Fashi (2001) No. 33.
See the multilateral treaties drawn up by the Hague Conference (last visited March 24, 2003)< http://www.hcch.net/e/conventions/index.html>.
See the Chinese Bureau of Judicial Assistance of the Judicial Ministry, A Compendium of Treaties Norms on Judicial Assistance between China and Foreign Countries, Law Press, China, 1998.
Cf. Tong Ji, Introduction of Cases in Chinese Courts in 2001, 3 People Judicature 38 (2002).
These courts include the Supreme People’s Court, the Higher People’s Courts, the Intermediate People’s Courts and the Maritime Courts.
The primary information of cases is available at Chinese Supreme People’s Court’s judicial web site on foreign commercial and maritime disputes, at http://www.ccmt.org.cn, and in the Chinese Gazette of the Supreme Court (2001-2002). In addition, it is necessary to explain that this article does not include cases on marriage, family and succession because of absence of published information.
(2001)- Qingzhi-Chuzi-No.39 (the 1st judgment of Qingdao Intermediate People’s Court).
“Application of Chinese law” here and below only refers to application of the law of Mainland China.
(2001)-Hugao-Jing-Zhongzi-No.339 (the final judgment of Shanghai Higher People’s Court, the 1st judgment of Shanghai No.1 Intermediate People’s Court).
(2001)-Lumin-Si-Zhongzi-No.13 (the final judgment of Shandong Higher People’s Court, the 1st judgment of Qingdao Intermediate People’s Court).
(2001)-Su-Mintwo-Zhongzi-No.237 (the final judgment of Jiangsu Higher People’s Court, the 1st judgment of Zhenjiang Intermediate People’s Court).
(2001)-Su-Jing-Zhongzi-No.11 (the final judgment of Jiangsu Higher People’s Court, the 1st judgment of Nantong Intermediate People’s Court).
(2001)-Yuefa-Jingtwo-Zhongzi-No.399 (the final judgment of Guangdong Higher People’s Court, the 1st Guangzhou Intermediate People’s Court).
(2001)-Gan-Jing-Zhongzi-No.23 (the final judgment of Jiangxi Higher Court, the 1st judgment of Ganzhou Intermediate People’s Court).
Fa-Publication-(2000)-No.30 (the final judgment of the Supreme People’s Court).
Fa-Publication-(2000)-No.29 (the final judgment of the Supreme People’s Court).
(1999)-Yong-Haishi-Chuzi-No.55 (the 1st judgment of Ningbo Maritime Court).
(1999)-Guang-Haifashi-Chuzi-No.41 (the 1st judgment of Guangzhou Maritime Court).
(2000)-Guang-Haifa-Shanzi-No.102 (the 1st judgment of Guangzhou Maritime Court).
(1996)-Yong-Haishang-Chuzi-No.207 (the 1st judgment of Ningbo Maritime Court).
(1999)-Guang-Haifa-Shizi-No.57 (the 1st judgment of Guangzhou Maritime Court).
(2000)-Guang-Haifa-Shizi-No.87 (the 1st judgment of Guangzhou Maritime Court).
(2001)-Lu-Jing-Zhongzi-No.39 (the final judgment of Shandong Higher People’s Court, the 1st judgment of Qingdao Maritime Court).
(2000)-Guang-Haifa-Shangzi-No.110 (the 1st judgment of Guangzhou Maritime Court).
(2000)-Jiao-Tizi-No.6 (the 3rd judgment of the Supreme People’s Court, the final judgment of Liaoning Higher People’s Court and the 1st judgment of Dalian Maritime Court).
(2001)-Guang-Haifa-Chuzi-No.114 (the 1st judgment of Guangzhou Maritime Court).
(1999)-Wu-Haifa-Ningshangzi-No.80 (the 1st judgment of Wuhan Maritime Court). Details of the case and its analysis see the fourth part of this article “Introduction and Analysis of Some Typical Cases Involving Foreign Elements”.
(2001)-Zhe-Jingtwo-Zhongzi-No.109 (the final judgment of Zhejiang Higher People’s Court, the 1st judgment of Ningbo Maritime Court).
(2001)-Lu-Mingsi-Zhongzi-No.10 (the final judgment of Shandong Higher People’s Court, the 1st judgment of Qingdao Maritime Court).
(2000)-Yong-Haishang-Chuzi-No.298 (the 1st judgment of Ningbo Maritime Court).
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