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Chapter 8 considers, from the perspective of people's courts sitting in the Mainland, the impact that the 'One Country, Two Systems' principle may have upon the treatment of the issues addressed in Chapters 5, 6 and 7. It analyses the constraints that should be imposed on the application of the social public interest exception in interregional conflict of laws cases, and the approaches that may be helpful in ascertaining the laws of Hong Kong, Macao and Taiwan.
Chapter 3 looks at the question of whether both parties have made a choice of law. Based on the analysis of the difficulties and inconsistence in judicial practice, it takes commercial practice and the protection of weaker parties into account in the discussion of how to determine the existence of parties' choice.
Chapter 6 touches upon the interrelationship between 'social public interest' and mandatory rules by looking at the relevant statutory provisions, administrative regulations and rules, and judicial interpretations on contracts involving foreign exchange and investment. It then discusses how to identify the mandatory rules applicable in private international law and provides suggestions as to the use of social public interest reservation in contractual choice of law.
Chapter 9 touches upon problems more generally relating to the judicial system in China. It discusses the drafting of legal rules in China, the institutional constraints on Chinese judges, the current judicial reform and its effect on foreign-related commercial trial in China.
Chapter 1 provides a brief overview of the history of China's legislation and judicial practice on the party autonomy principle in contractual choice of law. It examines how the relevant legal rules have evolved and how they have been applied in people's courts in China. It demonstrates that, although the private international law legislation and judicial practice in China has progressed greatly since 1978, most of the legal rules are abstract. They create ambiguities in several respects concerning the practical operation of the party autonomy principle.
Chapter 2 looks at the main lines of conceptual debate concerning the party autonomy principle in private international law. It provides the theoretical basis upon which judicial practice in China can be evaluated.
Chapter 7 deals with the ascertainment of the foreign law chosen by parties. It touches upon three issues: the introduction of foreign law into court, the establishment of the content of the law, and the effects of the failure to prove the selected law.
Chapter 5 deals with the scope of mandatory rules in China's legal system and illustrates the difficulties of identifying the rules in the context of private international law. It then analyses the definition of 'social public interest' reservation in contractual choice of law.