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43 Hong Kong L.J. 685 (2013)
Two Steps Forward, One Step Back: A Commentary on the Judicial Interpretation on the Private International Law Act of China

handle is hein.journals/honkon43 and id is 689 raw text is: Two STEPS FORWARD, ONE STEP BACK: A COMMENTARY ON THE JUDICIAL INTERPRETATION ON THE PRIVATE INTERNATIONAL LAW ACT OF CHINA Zhengxin Huo* On 6 January 2013, the Supreme People's Court of the PRC promulgated Interpretation (I) on the Private International Law Act. The Interpretation (I) attempts to provide concrete explanations on the abstract articles mainly in Chapter One of the Act and to create new provisions to close the legal loopholes. In this respect, the adoption of the Interpretation (I) can be regarded as a large step towards building a modern private international law system. Nonetheless, some articles of the Interpretation (I) invite debate and even criticism. Indeed, the danger of certain articles, such as Art 6 (party autonomy), Art 10 (mandatory rules) and Art 17 (proof of foreign law), is so grave that the underlying purpose of the Private International Law Act would be defeated. For this reason, the development made by the Interpretation (I) may be compared to two steps forward, one step back. The Background of the Judicial Interpretation On 28 October 2010, the People's Republic of China (hereinafter, the PRC) adopted its first statute on Private International Law: the Act on the Application of Laws over Foreign-related Civil Relationships (hereinafter, Private International Law Act). It came into force on 1 April 2011.1 Associate Professor of Law at School of International Law of China University of Political Science and Law (CUPL), Deputy Director of the Institute of Private International Law at CUPL. The paper is supported by the Program for New Century Excellent Talents in University sponsored by the Ministry of the PRC. The author wishes to thank the anonymous reviewer for comments and suggestions. All errors are the sole responsibility of the author. See Zhonghua Renmin Gongheguo Shewai Minshi Falvguanxi Shiyongfa (Act on the Application of Laws on Foreign-related Civil Relationships of the People's Republic of China) (2010); Zhonghua Renmin Gongheguo Zhuxi Ling (Order of the President of the People's Republic of China), No 36, available at http://www.npe.gov.cn/huiyi/cwh/1116/2010-08/28/ content 1593162.htm (visited 2 Jan 2013).

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