Study On The Application Of Extraterritorial Law

The application of extraterritorial law is an important part of the international private law. In regards of applying extraterritorial law in certain cases, many issues should be taking into account, such as the proof of extraterritorial law, the distribution of the burden of proof, the explanation of extraterritorial law, failure in proving extraterritorial law and its judicial relief. In china, though certain laws and regulations have been set up to apply extraterritorial law, the courts still encounter many problems in judicial practice, thinking of the difficulties in proving and explaining the extraterritorial law, the courts are reluctant to apply extraterritorila law and some courts even take blind eyes on extraterritorial law and directly apply Chinese law. In order to make clear issues concerning the application of extraterritorial law and provide legal reference for the courts in judicial practice, this article, based on analyzing the basic theory of applying extraterritorial law, by way of comparing the laws of different major courtries of the world on applying extraterritorila law, analyzes the probems existing in our country in applying the extraterritorial law and provides suggestions on how to perfect our laws on applying the extraterritorial law.This article is composed of four parts. In the first part, the author illustrates the basic theories on the applicaion of exterritorial law. The second part concerns about the comparison and analysis on the applicaion of exterrioal law in different courtries. In the third part, the history, current laws and probems concerning the applicaion of exterritorial law in our country has been thoroughly explained. In the last part, the author gives suggestions on how to perfect the application of exterritorial law in our courtry.