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Unpublished Paper
The Multi-angle Perspective on the Doctrine of the Most Significant Relationship in the Practice of the Private International Law in China
ExpressO (2015)
  • Hong Yun Tian, Jilin University
  • Jia Yi Geng, Jilin University
Abstract
Abstract Today as communications between countries are becoming more and more frequently, no one can be an outsider but have to start dealing with civil and commercial cases with foreign elements and there is no exception ofChina, an emerging economic superpower. The doctrine of the most significant relationship, one of the two cornerstones of the modern private international law, has been playing an important role in resolving disputes took place in China, especially after the promulgation of the Law of the People’s Republic of China on Application of Laws in Foreign-related Civil Relations(Law) and the Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the “Law of the People's Republic of China on the Application of Laws in Foreign-Related Civil Relations”(I)(Interpretation), which have made the doctrine of the most significant relationship as a principle. Contradictorily, although the doctrine of the most significant relationship is being applied widely in judicial practice and playing an important role in legislation, a stable, comprehensive and systematic dispute resolution mechanism of applying such doctrine has not been formed yet. In judicial practice, many judges apply such doctrine pretty much just because of its malleability but not regulation. Paying attention to the micro aspects of the application of the doctrine of the most significant relationship will help us figure out the real problems existed in judicial practice and how we can solve them. As China is communicating and also have to communicate more with other nations, there is a need to regulate the judicial application of the doctrine of the most significant relationship to make the application of the doctrine of the most significant relationship more regular and predictable and therefore provide a smooth and stead circumstance for the parties coming from different nations.
Keywords
  • the doctrine of the most significant relationship,
  • judicial practice in China,
  • problems,
  • perspective
Disciplines
Publication Date
June 25, 2015
Citation Information
Hong Yun Tian and Jia Yi Geng. "The Multi-angle Perspective on the Doctrine of the Most Significant Relationship in the Practice of the Private International Law in China" ExpressO (2015)
Available at: http://works.bepress.com/jiayi_geng/1/