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International Law Forum - Professor Guo Yujun: Implementation and Reflection of the Law of the Application of Law for Foreign-Related Civil Relations
发布者: 发布时间:2018-10-18 15:37阅读:

On December 13, 2012, Prof. Guo Yujun from the Institute of International Law of Wuhan University presented a seminar entitled “Applicability and Reflection of the Law of the Application of Law (hereinafter named Application Law) for Foreign-Related Civil Relations in Judicial Practice” to the teachers and students of the International Law Institute. Prof. Nie Jianqiang was the host while Professor Zhang Xianglan, Professor Yu Minyou and Professor He Qisheng from the Institute of International Law also attended the lecture.

 

From the perspective of empirical analysis, she has studied and applied the application of the the Application Law adopted on October 28, 2010 and implemented on April 1, 2011. Her lectures are divided into four aspects: first, the analysis of the general application of the Application Law, including the judgment of the 73 applicable law applicable laws collected from the types of legal relations, the application of provisions and the method of legal choice. In-depth statistical analysis and research of data, detailed combing, based on this, a general overview of the application. Secondly, she pointed out the general problems in the Application Law in the application of judicial practice, such as improper reference to the law, inaccurate reasoning and its solutions. third. She focused on the analysis of disputed provisions in the law applicable law, such as Article 10 on the identification of foreign law, Article 41 on the application of the contract law, the predicament in the application of judicial practice and its solutions.

 

Finally, she reflected on the application of the Application Law in judicial practice. She pointed out that through the empirical analysis of the case, the data were summarized and summarized, and the defects of the new law legislation itself need to be further improved through judicial interpretation, and the judge's ability to adapt to the law needs to be further improved.

 

During the discussion and Q&A sessions, she responded to questions raised by Professor He Qisheng, Associate Professor Shi Lei and some of the students. The salon event ended smoothly with the warm applause of teachers and classmates.

 

(Corporate of International Law Website: Ma Xiaoxiao)