SHS Web Conf.
Volume 148, 2022The 2nd International Conference on Public Relations and Social Sciences (ICPRSS 2022)
|Number of page(s)||5|
|Section||Research on Public Education and Cultural and Sports Undertakings|
|Published online||31 October 2022|
Basic Status, Main Problems and Optimized Paths of China’s Foreign-related Maintenance Laws
Based on 14 Chinese Decisions on “Foreign-related Maintenance”
School of Administrative Law, Southwest University of Political Science & Law
The judicial practice of Chinese courts in foreign-related maintenance cases shows that foreign-related maintenance disputes are the major component of China’s Foreign-related Maintenance Laws, and that different types of foreign-related maintenance cases apply different c conflict rules. Yet, Chinese substantive laws are always the ultimate applicable law chosen by judges in practice. Based on an analysis of 14 Chinese decisions on the issue of “foreign-related maintenance”, it is possible to gain insight into the basic status of China’s Foreign-related Maintenance Laws. The main problems with the provisions of China’s Foreign-related Maintenance Laws and the Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China (Law of the Application) with their application are also analyzed. The reasons for them are then examined. Finally, I briefly proposed several optimized paths, including enhancing the basis for choice of applicable law, improving the ascertainment of foreign law system and clarifying the relationship between the various provisions of the Law of the Application.
© The Authors, published by EDP Sciences, 2022
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