Chinese Judicial Practice in Private International Law 2002

Extract

I. Introduction

The year of 2002 is the first one after the entry of the China into the World Trade Organization (WTO) that signifies the country's further integration into the mainstream of world economy. It means that China will participate in international competition and co-operation in broader areas and in a more in-depth way. It not only quickens Chinese reform in trade mechanism but also brings huge economic effect to China.¹ Meanwhile, the WTO entry has brought about unprecedented opportunities and challenges to the adjudication of foreign-related civil or commercial cases in China. Under a climate of relatively light legislation, the judicial practice plays an important role in the modern process of Chinese Private International Law. This article reviews and analyses Chinese judicial practice in private international law in 2002.² It is divided into five parts principally. The first part examines some judicial interpretations concerning private international law issued by the Supreme People's Court of the People's Republic of China (PRC). The second part investigates some foreign-related civil and commercial cases by three statistical tables. The third part analyses the ascertainment-of-jurisdiction methods. The fourth part analyses the choice-of-law methods and the last part draws a short conclusion.