On September 30, 2003, Professor Xiao Yongping, Executive Director and Doctoral Supervisor of Wuhan University Institute of International Law, gave a lecture on the prerequisite issues in private international law in the 205 classroom of Teaching Building five of Wuhan University. The report consists of four parts. The first part is a theoretical overview of the prerequisite issues. Professor Xiao Yongping first introduced the concept and constituent elements of the prerequisite questions, and on this basis, summarized the generation of the prerequisite questions by means of graph. Professor Xiao Yongping further pointed out that the traditional view of China's private international law holds that the prerequisite question should be composed of three elements: (1) The main problem must be based on foreign law as the applicable law. (2) The problem that needs to be solved first is independent, can be brought to the court as a separate dispute, and has its own conflict norms available for reference. (3) In determining the applicable law of the prerequisite question, the conflict norms and entity norms of the court country are different from the conflict norms and entity norms of the country where the main subject matter is applicable, which may result in different judgment results. This limitation limits the prerequisites to a narrow scope, so that many seemingly prerequisite issues are not really prerequisites. How do these questions be characterized? Should the prerequisite issues be considered in a broader context? In addition, in one case, there may be several issues that need to be addressed first. For example, A died without a will, and B claimed that he was the inheritor of A as a legitimate child, and whether B was a legitimate child depends on the premise that his parents’ marriage was effective at the time; The validity of marriage depends on whether the marriage of the father or the mother with the third party before has been legally lifted, which creates a number of prerequisite issues. In the case of more than two prerequisite issues, you cannot simply refer to it as multiple prerequisite issues. Because these multiple prerequisite problems are not in parallel, but in a certain order, which are not all the direct conditions for solving the main problem, but the pre-requisites for each other. Its structure is similar to secondary identification or secondary reversal, so it can be a secondary prerequisite. Regarding the solution to the pre-requisite problem, Professor Xiao Yongping introduced two new ideas in addition to the traditional two methods, namely, the conflict rules of the country where the main problem is located and the conflict rules of the country of the court. One is that Morris's case identification says that there is no universal general rule for solving the prerequisite problems. We should see According to the different situations in the case, whether the prerequisite question is closely related to the court law or the main subject matter law before it can determine the law that should apply. The second is to apply the law of the country in which the law is based to the main issues.

The second part of the report is a case study. Professor Xiao Yongping cited a jurisprudence in the practice of Chinese courts "A case in Guangzhou in 1986 on the inheritance of Li Bokang's real estate" and asked everyone to judge according to the knowledge of classroom learning and Chinese law: 1. What are the main problems in this case? Is there a prerequisite question? why? 2. Do you think the court's handling is appropriate? why?

The students thought actively, and three students gave speeches and put forward their own views. Professor Xiao Yongping commented on the speeches of the students and expressed his views on the judgment achieving the effect of teaching interaction. The third part is the selection of foreign original works. Professor Xiao Yongping gives a discussion on the pre-requisite issues in foreign authoritative works, and encourages everyone to read the original English articles, understand the problems and solve problems. In the last part of the report, after summarizing the knowledge of this section, Professor Xiao Yongping put forward the frontier research questions of the theoretical fields on the prerequisite questions for everyone to think about. 1. Is there a second-level prerequisite question, such as the death of A without a will, who claims that he inherits the inheritance of A as a legitimate child, and whether B is a legitimate child depends on whether his parents’ marriage is valid at the time; the validity of the marriage between the parents at the time depends on whether the marriage concluded by the parent or his/her mother with the third person has been legally lifted. 2. Is the prerequisite question the same as the reversal? Is it a conflict between conflict rules? 3. Both The prerequisite issues and the segmentation theory in private international law deal with a number of legal issues in the same case. What are the connections and differences between the two? 4. Whether the prerequisite question exists only in the field of marriage and family, and whether there are prerequisite problems in other fields, for example, between marriage and infringement, between marriage and contract, ownership and infringement, and unjust enrichment, there may also be a relationship between major issues and prerequisite issues. Professor Xiao Yongping's demonstration class was warmly welcomed by everyone. The students not only learned the knowledge from the classroom, but also opened up their horizons and ideas and enriched the learning methods. (Organizer: Wang Wei)