Date of Award
Doctor of Juridical Science (SJD)
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.
Zhu, Shaoming, "Chinese Conflicts of Law: A Restatement and Legisprudence Proposal" (2017). SJD Dissertations. 6.