Date of Award
8-2017
Degree Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Department
Law
First Advisor
William Butler
Abstract
China has a long history of addressing conflict issues between different legal systems. However, there is as yet no unified legislation on Conflicts of Law in China. Rules on the topic of Conflicts of Law can be found in various legal sources without a clear structure or statement of their hierarchy and effectiveness. This research draws a comprehensive, well-organized map of Conflicts of Law rules in China by introducing the evolution of Conflicts of Law in China, defining the scope of Conflicts of Law as a legal science, restating the structure and contents of Chinese Conflicts of Law rules, and examining the theory and legislative technique on these rules. The restatement addresses issues of inconsistency and confusion in the current rules. Based on the restatement and the analysis of the current Conflicts of Law rules, unified legislation on Chinese Conflicts of Law is proposed, within which a legislative paradigm is adopted and the missing subjects that Conflicts of Law should cover are addressed.
Recommended Citation
Zhu, Shaoming, "Chinese Conflicts of Law: A Restatement and Legisprudence Proposal" (2017). SJD Dissertations. 6.
https://elibrary.law.psu.edu/sjd/6