On The Development Of Mandatory Provisions In Legislation Of Private International Law In China

The legal institution of mandatory rules, which is established as an enforcementof act by the Law on the Application of Laws to Foreign-Related Civil Relationshipsof the People’s Republic of China (LALFCR2010) with clear interpretations anddefinite rules, is an independent system and moreover, no doubt, a highlight of thedomestic legislative process on china’s private international law. It occupies aprominence position related to promoting a systematic comprehensiveness ofdomestic legislation on private international law so as to preserve nationalfundamental interests. This article, first revisited mandatory rules as a legal institutionfrom a perspective of legislation on private international law and critically assessedit’s emergence, doctrine and substance. It is followed by a historical survey concernedwith the legislation and realization of the institution of mandatory rules in China,where a particular attention was paid to outline a pathway of growing out of nothingand progressing along from miscellaneous provisions up to now being ruled over by aset of single enforcement rules of act. Nevertheless, the legal institution of mandatoryrules, has to face with a number of systematic challenges proposed by a handful ofcorrelative principles in a dynamic point of view. Accordingly, this piece of studylooked very hard into the institutional details of the public order as well as theevation of law in aid of avoiding the false dichotomy. This paper concluds at puttingforward proposal of implementations to legislative defects, which is based on thefindings of current study and implication of legal development for other jurisdictions.