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Of Recognition System

Author: LuoXiaoYing
Tutor: LiuNingYuan
School: East China University of Political Science
Course: International Law
Keywords: Private international law Identification Identify conflicts Secondary recognizer Recognition errors
CLC: D997
Type: Master's thesis
Year: 2010
Downloads: 266
Quote: 0
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Abstract


The recognition system is a basic system of private international law, private international law theory is an important part. Identify the importance and complexity of the system makes the study of the recognition system has a certain theoretical and practical significance. From private international law scholars identified the concept of recognition, object identification based on theoretical arguments start, expand on the basic theory of the identification system and new problems are discussed. In this paper, the following aspects are discussed: the introductory section introduces the identification system from the source, and an overview of theorists focus of controversy about the identification system, the writing context. The first chapter summarizes the analysis of academic recognition system theory disputes: First, an overview of the concept of recognition and object, to identify the occurrence of stage theory disputes; Second, it analyzes the academic definition, in essence, on the identification of conflict and identify conflicts cause controversy ; Finally, an overview of the theoretical disputes identify conflict resolution and discuss identification solution to the conflict. The author believes that the resolve to identify conflicts based only on a theory does not work on the current situation, \a try. The second chapter analytical identification purposes and tasks to clarify the applicable law to recognize the significance and content of foreign law to identify the law applicable identification zone to distinguish, on the basis of analysis of secondary identification with \two identify the existence of objectivity and discuss the relationship between the two. I believe that in practice should not be blindly deny \Chapter 1 discusses the meaning and types of recognition errors, to discuss the causes of recognition errors, followed by analysis of the existence of different stages of the proceedings to identify the problem and then discuss the different stages of the proceedings, the existence of recognition errors and investigate the cause of these recognition errors causes and solutions. I believe that the jurisdiction to determine the stage with the court judgment recognition and enforcement stage does not exist the problem of identification and recognition errors, identification and recognition errors exist only in the legal application phase began legal application phase. Chapter first analyzes the major countries in the international legislation on the identification system mode and our legislation on the identification system status quo, on the basis of further discussion to identify the need for legislation to address this issue. Next, identify the problem encountered in the judicial practice in China to do a rough sort out and on this basis to give my personal ideas and suggestions to improve the practice of our recognition system operation. I agree with \practice continue to strengthen the guidance of the theory, principles and methods of judges.

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