Research on the Orientation of Private International Law Legislation in the Context of the Community of Human Destiny
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Abstract
Whether it is Bartolus’s doctrine of the distinction of laws, Savigny’s doctrine of the propriety of legal relations, or the analysis of governmental interests that emerged from the conflict-of-laws revolution in the United States, the essence is to try to pick out one of the many legal norms of different countries or regions that may be applicable, but no matter how one sifts through them, in the end, only one can be retained. This zero-sum game ideology is fundamentally at odds with China’s guiding line of peaceful rise to mutual benefit and win-win situation. In order to form a discourse system of China’s private international law, enhance its international influence, and establish a unified system of legal application, codification of private international law is an inevitable choice. In the long run, the legislative direction of private international law should be codification based on the theory of community of human destiny.
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