Codified Choice of Law in China: Rules, Processes and Theoretic Underpinnings

76 Pages Posted: 17 Nov 2011 Last revised: 28 Feb 2012

Mo Zhang

Temple University - James E. Beasley School of Law

Date Written: February 27, 2012

Abstract

Choice of Law as a conflict of laws mechanism to resolve the disputes arising from the cross-border civil and commercial activities has become a pressing matter in China as a result of the rapid economy growth and significant increase of foreign business engagement in the country. The Adoption of the Choice of Law Statute is the latest development in the conflict of laws legislation in China. Driven by the need to cope with ever escalating civil disputes that contain foreign elements, the Choice of Law Statute is intended to provide a choice of law legal scheme by which the application of law is to be dealt with in a more certain and predictable way.

In comparison with other countries, China does not have a rich experience in conflict of laws both in theory and in practice. The Choice of Law Statute draws a great deal of references from foreign laws and international conventions. In the meantime it strikes to stand on the footing of Chinese reality in conjunction with a desire to develop the choice of law rules and theories of China. As a matter of fact, in the Choice of Law Statute a quite number of foreign approaches and international rules in choice of law are being combined with the existing practice and legislative preference of the nation. Still, many issues remain yet to be solved.

Keywords: China, Choice of Law Statute, international law, foreign law, public policy

JEL Classification: K00, K33

Suggested Citation

Zhang, Mo, Codified Choice of Law in China: Rules, Processes and Theoretic Underpinnings (February 27, 2012). North Carolina Journal of International Law and Commercial Regulation, Vol. 37, No. 1, p. 83, 2011; Temple University Legal Studies Research Paper No. 2012-07. Available at SSRN: https://ssrn.com/abstract=1960717

Mo Zhang (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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