Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is the doctrine of ordre public? What is the difference between this doctrine and the doctrine of public policy in common law countries?
(2) Why the doctrine of ordre public is a double-edged sword? How to avoid its defects?
(3) Between the Conflicts Act of 2010 and the prior legislation,what are the differences on ordre public?
(4) Please paraphrase the fact of the case of Yang Rong.v.Liaoning Provincial Government,and analyze and comment on the reactions of the Chinese government.
2.Multiple Choice
(1) Ordre public is an important legal doctrine to safeguard the fundamental interests of the forum state.Which of the following statements is not correct? ( )
A.Under Chinese Law,ordre public is employed merely to exclude foreign law when the People’s Courts deal with foreign-related cases.
B.In common law states,ordre public is usually termed as “public policy.”
C.Ordre public has been widely recognized by international conventions.
D.Under Chinese law,ordre public is often expressed as “socio-public interests.”(https://www.daowen.com)
(2) Under Chinese law,if a foreign law is excluded on the ground of ordre public reservation,( ) shall apply.
A.the lex personalis of the parties B.the law chosen by the parties
C.the national law of the parties D.the lex fori
(3) Which of the following statements is true? ( )
A.Huber’s Comity doctrine anticipated the doctrine of ordre public.
B.Mancini elevated ordre public from an exception to a principle of private international law.
C.Under the Conflicts Act of 2010,an international practice may be excluded the ground of ordre public reservation.
D.Savigny did not notice the notion of ordre public reservation.
3.Case Analysis
(1) A,a Roman Catholic priest is a citizen of Vatican under whose law he is,as a priest,incapable of marriage.In 2009,he travelled to China and chose to domicile in China.He now wants to marry a Chinese girl in China.Should Chinese authority permit his application for marriage? Why?
(2) A (a Bahamas casino operator) made a loan to B (a Chinese citizen) for gambling entered into in the Bahamas which the creditor (A) then sought to enforce in China as a debt claim against the Chinese debtor (B).Both parties agreed that the claim was governed by the law of the Bahamas,and expert evidence was received on that law which provides that gambling is legal.Should Chinese court recognize the validity of the law of the Bahamas? Why?