Preface to the Revised Edition of 2021
As Confucius sighs,“thus things flow away day and night”！Ten years have passed since the publication of the first edition of this book.Enormous changes have taken place during the past decade.However,my aim in writing the current edition of this book has not changed from the stated aim of the previous editions: to provide a clear and systematic account of Chinese private international law from the perspective of comparative law.I have also sought to introduce the readers to some of the academic debates among the conflicts scholars on this complex and rapidly changing discipline.In discussing these issues,I have attempted to build a bridge between this introductory work and some of the more advanced and detailed writings on private international law by making frequent reference throughout the book to both the periodical literature and the standard textbooks on private international law.My hope is that these references will encourage young students to pursue the issues raised in this book in greater detail in the writings to which I have made references.
It is only 4 years since the last edition of this book,but China has made brilliant progress in promoting rule of law.The most significant and relevant developments are as follows:
(1) The National People’s Congress (NPC) adopted constitutional amendments on March 11,2018 which enshrines the Notion of “building a community with a shared future for humanity” into the Preamble of the Constitution.As Paragraph 12 of the Preamble of the Constitution where the Notion is incorporated is the sole paragraph that states China’s foreign policy,this constitutional amendment will have a fundamental influence on Chinese private international law.
(2) On June 29,2018,the Supreme People’s Court (SPC) established two international commercial courts designed to hear international commercial disputes,those arising in connection with the Belt and Road Initiative in particular.Two days before the inauguration of the First International Commercial Court in Shenzhen and the Second International Commercial Court in Xi’an,the SPC issued a judicial interpretation document to legitimize the creation of the Chinese International Commercial Court (CICC).Although the world has witnessed the emergence and proliferation of international commercial courts in the past decade or so,the CICC has attracted worldwide attention against the background of China’s rapid rise to world power.
(3) On May 28,2020,the NPC adopted the long-expected Civil Code of the PRC.Dubbed as “an encyclopedia on social life” and a “civil constitution of modern society”,a civil code is a wide-ranging legislative package that aims to provide a systematic legal protection of private rights.Therefore,the adoption of China’s Civil Code represents a milestone for the legislative development in China whose importance cannot be overestimated.(https://www.daowen.com)
The impact of the above developments on Chinese private international law is likely to be tested in the not-too-distinct future and its implications may be far-reaching.For now,all that has been done is to update the relevant parts and chapters by incorporating these developments.Future editions may well have to wrestle with these developments and their implications in more detail.
Finally,I must acknowledge the debts which I have incurred in writing this edition.I would like to thank Yip Man,professor of law at Singapore Management University for her support and contribution.During the past years,we have co-authored several English articles on Chinese law which were published by the world’s leading law journals,including the International & Comparative Law Quarterly.When I prepared the new edition,I have benefited greatly from these articles.I am grateful to Ms.YU Meng,whose perceptive review has led to a number of changes in this edition.YU,who used to be my student,has now become a promising scholar at CUPL.Since the fall semester of 2019,we have co-lectured the course of Private International Law taught in English.The team at the UIBE press,especially Ms.WANG Yu,has been always supportive.But my greatest debt continues to be to my family,who give me endless love and encouragement.
I have indevoured to state the law on the basis of materials available to me at the end of September of 2020.
HUO Zhengxin
January 1,2021