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Study on Inter-regional Conflict of Laws in China

  • DONG-A LAW REVIEW
  • 2015, (68), pp.145-178
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHO DONG JE 1

1동아대학교

Accredited

ABSTRACT

Conflict of laws is a normal phenomenon which exist in certain area or even every area within the legal system. At present, due to the historical reasons, the legal systems are different among Mainland China, Hong Kong SAR, Macau SAR, and Taiwan. Along with the continuously development and progress made by Chinese society, the more and more frequently commercial transactions among Mainland China, Hong Kong SAR, Macau SAR, and Taiwan render conflict of laws a reality within China. The particularity, universality, profundity and complexity of the conflict of laws in China make it incomparable around the world wide. According to the trend of development of the inter-regional laws and the frequency of communications of these four places, wether the laws should pursue the integrity and consistency has become a hot topic. As a fact, based on the current situation, it is impossible. As a overall view of this situation, every place (Mainland China, Hong Kong SAR, Macau SAR, and Taiwan) has it own legal system. As a result, the politics, economy, culture are totally different from each other. Instead of looking forward to form unified law, it is better to find a appropriate way to solve the conflicts of laws. This paper takes the causes and the particularity of the inter-regional conflicts in China as the starting point, based on the basic principle of the inter-regional conflict of laws, formed a research framework of the conflict resolution mechanism, in order to study the characteristics of inter- regional conflict of laws in China.

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