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Zheng Sophia Tang, Yongping Xiao, Zhengxin Huo - Conflict of Laws in the People’s Republic of China, Inbunden

Inbunden, Engelska, 2016

Conflict of Laws in the People’s Republic of China

Av Zheng Sophia Tang, Yongping Xiao, Zhengxin Huo

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Beskrivning
The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.Providing comprehensive and sophisticated analysis of current Chinese conflict of laws, the authors assess the actual judicial practice and case decisions. The book takes into account the historic, political and economic background of the subject matter, as well as relevant empirical evidence and data, especially recognizing the contribution of Chinese scholars in the field. It concludes that the Chinese conflicts system has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative process and improve judicial training and judicial practice. This timely book is invaluable resource for academics and practitioners in private international law, conflict of laws, international law, international litigation, Chinese law, and international civil and commercial matters involving China.
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Zheng Sophia Tang, Professor, Newcastle University and Barrister (Middle Temple), UK, Yongping Xiao, Cheung Kong Scholars Distinguished Professor, Wuhan University and Zhengxin Huo, Professor, China University of Political Science and Law, China

Recensioner i media

‘This book provides not only a concise description of the various aspects of Chinese conflict of law in civil and commercial law, but also a pragmatic perspective on the law in practice in the Chinese courts. The authors take a critical approach in explaining the law in its social and economic context, and explore constructive approaches where there are gaps or problems in the law. . . . It is noteworthy that in discussing the problems associated with parties' choice of forum, the authors predicted that China would sign the Hague Convention on Choice of Court Agreements, an outcome that came to pass when China became the second Asian country to sign the Convention in September 2017. Much thought has also been put into the presentation of references to materials published in the Chinese language. . .

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