Public Policy in Private International Law: Judicial Practice in China

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)

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Original languageEnglish
Title of host publicationPublic Policy and Private International Law
Subtitle of host publicationA Comparative Guide
EditorsOlaf Meyer
PublisherEdward Elgar
ISBN (Print)978 1 78990 265 5
Publication statusPublished - Sep 2022

Abstract

This chapter addresses the question how the concept of public policy has been applied by Chinese courts. It begins by describing the concept, its functions and salient features in the context of Chinese laws, regulations and judicial practice. The main body of the chapter examines in some detail the use, as well as misuse, of that concept in Chinese courts’ endeavour to determine the applicable law in foreign-related civil or commercial cases. It finds that the concept of public policy poses some degree of uncertainty and danger, but it has thus far been seldom invoked by Chinese courts to exclude the application of a foreign or extraterritorial law. The Supreme People’s Court has, particularly, taken steps to restrict the use of the concept for this purpose.

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Citation Format(s)

Public Policy in Private International Law: Judicial Practice in China. / LIU, Qiao; Yu, Grace.

Public Policy and Private International Law: A Comparative Guide. ed. / Olaf Meyer. Edward Elgar, 2022.

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)