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Preservation of Public Order on the country, two systems of regional private law

Author: MaYao
Tutor: JiangRuJiao
School: China University of Political Science
Course: International Law
Keywords: Regional private law Public order Reservation of public order Legislation Restrictions apply
CLC: D997
Type: Master's thesis
Year: 2008
Downloads: 298
Quote: 0
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Abstract


Retained as private international law, a special system of public order, and its essence can be said to protect its national interest to reject foreign law or refuse recognition and enforcement of foreign court judgments or arbitral awards, and thus also known as protect the national interests of \Between China mainland and Hong Kong and Macao under the conditions of one country, two systems, the implementation of the different legal systems, so the conflict of laws in our district has its own special compared to other composite jurisdictions countries Interregional Conflict of Laws and complex nature, and as China's exercise of sovereignty over Hong Kong and Macau recovery, the pattern of \applicable in the regional private law in China, has been the issue of universal concern of scholars. Therefore, this article from the regional private law point of view one country, two systems under the conditions of the Mainland and Hong Kong and Macao Special Administrative Region and Taiwan region between the public order issue of reservations. The article is divided into four parts: the first part of the article began, that public order is an important system of private international law and are subject to world wide recognition and application of the concept and meaning has been also vague and controversial, and whether regional private law applicable to public order to retain the system is controversial, so this part of the general discourse of public order retain the meaning of the system, the role of the three theories as well as public order applicable to reservations on the Conflict of Laws in the District. The second part is above the theoretical explanation based on a detailed theory to define the meaning and scope of public order, and comparative analysis of the concept and scope of public order from the relevant provisions of the Mainland of China and Hong Kong, Macao and Taiwan regions, in three were how to define the law of the land. In the third part of this paper, the empirical analysis of legal theory and jurisprudence, can be seen in our three regional private law is basically Reservation of Public Order. Public order reservation system for use in inter-district conflict theory to explore, analyze the feasibility of regional private law applicable to the reservation of public order and the status quo. At the end of the fourth part will be combined with the status of current legislation of each jurisdiction, conflict of laws for our inter-district comparison Interregional Conflict of Laws in the other compound jurisdictions within countries has its own particularity and complexity of the world, Public Order Reservation System in China's inter-district conflict of laws specific use of some thoughts and suggestions.

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CLC: > Political, legal > Legal > International law > Private international law
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