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《Oriental Law》 2019-01
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Codification of Civil Code Inspires the 2.0 Version of Law on the Application of Law for Foreign-related Civil Relations

Ding Wei;  
For a long time, the applicable norms of China's foreign-related civil laws are attached to the civil substantive law. The current Law on the Application of Law for Foreign-related Civil Relations should be regulated in an incremental manner without influencing the existing legislation. In view of the fact that the General Principles of the Civil Law and the divisions to be reviewed have removed the applicable norms of law, it is inevitable to re-integrate the existing norms applicable to various laws. Considering the legislative basis, legislative cost and legislative efficiency at the present stage, based on the current Law on the Application of Law for Foreign-related Civil Relations, systematically compiling the current applicable laws and regulations,and creating a version 2.0 of foreign-related civil law, the law can best achieve twice the result with half the effort. It is therefore the most likely option for the legislature, and it is also an application problem that the international private law scholars need to study at this stage.
【CateGory Index】: D923.1;D997.3
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【Citations】
Chinese Journal Full-text Database 2 Hits
1 Wang Shengming;Some Controversial Problems concerning to the Law of Law Application of Foreign Civil Relations[J];法学研究;2012-02
2 ;世纪之交中国国际私法立法回顾与展望[J];政法论坛;2001-03
【Co-citations】
Chinese Journal Full-text Database 10 Hits
1 Lu Yang;;Discussion of the Application of Law of the Application of Law for Foreign Related Civil Relations in Commercial Arbitration[J];北京仲裁;2015-03
2 Zhang Yu;;Thinks about the Legislation of Chinese Private International Law under the Codification of Civil Code[J];法大研究生;2015-02
3 Se Shaofeng;;Discriminating the Relationship between Application of Seaman Labor Agreement and Act of the Applicable Law of China[J];法学评论;2015-06
4 Zheng Jianing;Gerald Goldstein;;Review on Quebec International Private Law:From the Perspective of Improvement of Law on the Application of Laws to Foreign-Related Civil Relationships of China[J];比较法研究;2015-04
5 WANG Guifeng;International Relations School,Southwest Law and Politics University;;On the Most Connected Spirit of the Law of the Application Law for Foreign-related Civil Relations[J];商丘师范学院学报;2015-04
6 Zhou Houchun;Law school,Guangzhou University;;Autonomy in Real Right Conflict Law and Protection of the Third Party's Interest——An Analysis of article 37 and 38 of the Law of the Application of Law for Foreign-related Civil Relations of the People'Republic of China[J];河南财经政法大学学报;2014-06
7 CUI Ming-jian;School of Law,University of Jinan;;On the Bases of Determination of the Foreign-related Nature of the Cyberspace Infringement Case on Mobile Phone Terminal——From the perspective of the legal fact[J];河北法学;2014-06
8 WANG Wei;School of Law,Hunan Normal University;School of Law,Guizhou University of Finance and Economics;;On the Legal Hierarchy of the NPC Standing Committee's Legislation —— A Case Study of The Law of Application of Laws for Foreign-related Civil Relations[J];东北大学学报(社会科学版);2014-02
9 Xu Qingkun;;Evasion of Law in Private International Law:Rebirth or Discarded?[J];法学研究;2013-05
10 MEI AO(School of International Law,Southwest University of Political Science of Law,Chongqing,401120,China);Path Choice of Legislation Applicable to Marriage Essential Requirements:Article 21 of Private International Law Act of PRC[J];西安电子科技大学学报(社会科学版);2013-04
【Secondary Citations】
Chinese Journal Full-text Database 1 Hits
1 Chen Hanfeng;Zhou Weiguo;Jiang Hao;Relationship between International Treaties and National Law:Its Practice in China[J];政法论坛;2000-02
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