Notes to Chapter Three
1.See F John R.Schmertz,Jr.,The Establishment of Foreign and International Law in American Courts,18 VA.J.INT’L 697,1978.
2.Diaz v.Gonzalez 261 U.S.102,106 (1923).
3.Zhonghua Renmin Gongheguo Minshi Susongfa [Civil Procedure Law] art.7 (1991,revised in 2012) (PRC).
4.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 205 (Huang Jin ed.,2nd ed.,2004).
5.Qingjiang Kong & Mingfei Hu,The Chinese Practice of Private International Law,3 Melbourne J.of Int’l L.204 (2002).
6.Zuigao Renmin Fayuan Guanyu Shiyong Zhonghua Renmin Gongheguo Minshisusongfa Ruogan Wenti de Yijian [Supreme People’s Court,Opinions on Application of the Civil Procedure Law of the People’s Republic of China],92 Zuigao Renmin Fayuan Gongbao 22[Bulletin of Supreme People’s Court] art.193(1) (1992) (PRC).
7.Sven Vorlop v FTE Ahrend Freizeit-Technologie GMBH (2005) Xi Minsan Chuzi No.0059.
8.HUANG JIN EL.,ZHONGGUO GUOJISIFA SIFASHIJIAN YANJIU[A STUDY ON JUDICIAL PRACTICE OF PRIVATE INTERNATIONAL LAW IN CHINA(2001-2010)] 210 (2014).
9.RENMINFAYUAN ANLIXUAN [SELECTED CASES OF PEOPLE’S COURTS] (Supreme People’s Court ed.) 1896-1902 (1996) (Tianjin Maritime Court,1992).
10.RENMINFAYUAN ANLIXUAN [SELECTED CASES OF PEOPLE’S COURTS] (Supreme People’s Court ed.) 1903-1911 (1996) (Higher People’s Court of Hubei Province,1996).
11.Zhengxin Huo,Proof of foreign law under the background of the Belt and Road Initiative,in POOMINTR SOOKSRIPAISARNKIT (ED.),CHINA’S ONE BELT ONE ROAD INITIATIVE AND PRIVATE INTERNATIONAL LAW (2018).(https://www.daowen.com)
12.Zhonghua Renmin Gongheguo Minshi Susongfa [Civil Procedure Law] art.168 (1991,revised in 2017) (PRC).
13.Courts handling ‘a boom’ of Belt and Road Cases,<http：//www.chinadaily.com.cn/china/2017 twosession/2017-03/15/content_28559326.htm>accessed 12 August 2020.
14.Zuigao Renminfayuan Guanyu Renminfayuan wei Yidaiyilu Tigong Sifa Fuwu he Baozhang de Ruogan Yijian[Several Opinions of the Supreme People’s Court on Providing Judicial Services and Safeguards for the Construction of the Belt and Road by Peoples’ Courts] No.9 [2015].
15.Zhengxin Huo and Yip Man,Comparing The International Commercial Courts of China with the Singapore International Commercial Court,68 INT’L AND COMP.L.Q 903-949 (2019).
16.WOLFF,PRIVATE INTERNATIONAL LAW 143 (2nd ed.,1950).
17.J.J.Fawcett,Evasion of Law and Mandatory Rules in Private International Law,49 CAMBRIDGE L.J.44 (1990); E.RABEL,THE CONFLICT OF LAWS 250 (2nd ed.,1958).
18.Zuigao Renmin Fayuan Guanyu Shiyong Zhonghua Renmin Gongheguo Minfatongze Ruogan Wenti de Yijian[Supreme People’s Court,Opinions on Application of the General Principle of Civil Law of the People’s Republic of China],92 Zuigao Renmin Fayuan Gongbao 22[Bulletin of Supreme People’s Court] art.194 (1988) (PRC).
19.Zhonghua Renmin Gongheguo Xianfa [Constitution of the People’s Republic of China] arts.33,48 (1982,revised in 2018) (PRC).
【注释】
[1]This paragraph provides as follows: “The people’s courts shall accurately apply international treaties and practices according to the law,accurately identify and apply foreign laws,and enhance the international credibility of judgments.They shall constantly improve the judicial capacities of applying international treaties and practices and accurately apply international treaties and practices in cases to which such international treaties and practices should apply according to the law.They shall thoroughly research international treaties of trade,investment,finance,and maritime transport concluded by countries along the Belt and Road and China or jointly participated in by them and in strict accordance with the Vienna Convention on the Law of Treaty and general definitions of terms of treaties,make bona fide interpretation on the basis of their contexts and by reference to the purposes and objectives of such treaties,and enhance the uniformity,stability,and predictability of the application of international treaties and practices in the trial of cases.They shall,in accordance with the provisions of the Act on the Application of Laws on Foreign-related Civil Relationships,take such foreign elements as the subject,object,and content of legal relationship,and legal facts into full consideration,fully respect the right of the parties to choose a governing law,actively identify and accurately apply foreign laws,and eliminate legal doubts of the parties of China and countries along the Belt and Road in international commercial affairs.They shall pay attention to differences in cultural and legal backgrounds of the parties in countries along the Belt and Road,apply such internationally recognized legal value concepts and legal principles as justice,freedom,equality,integrity,rationality,order as well as strict observance of contracts and estoppel,make argumentation in a common,concise,overall,and precise manner,and enhance the persuasive power of judgments.”
[2]Under Chinese law on marriage,no marriage may be contracted before the male party has reached 22 years of age and the female party 20 years of age.Late marriage and later childbirth shall be encouraged.Zhonghua Renmin Gongheguo Hunyin Fa [Marriage Act of the People’s Republic of China] art.6 (2001,revised in 2011) (PRC).