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Student Publications Homepage
ARTICLE CONTENTS
[Pages 59-96]
TOP OF ARTICLE
Introduction
I. Jurisdiction of the Chinese People’s Courts in
International Civil Litigation
A. General Territorial Jurisdiction—Defendant Domicile
B. Specific Territorial Jurisdiction—Conduct and Property
C. Consensual Jurisdiction—Parties’ Choice or Consent
D. Exclusive Jurisdiction in the Chinese Courts
II. Applicable Law and its Determination in Civil Cases Involving Foreign Elements
A. Choice of Law in Contract—Party Autonomy
B. Applicable Law in Torts—Lex Delicti
C. Law Governing Real Property—Lex loci rei sitae
D. Law Determining Civil Capacity—Lex Personalis
E. Determination of Foreign Law—Burden of Proof
III. Enforcement of Judgments in the Chinese People’s Courts
A. Enforcement of People’s Courts’ Judgments
B. Recognition and Enforcement of Foreign Judgments and Arbitral Awards
C. Practical Concerns in Seeking Enforcement of Judgments
in the People’s Courts
IV. Judicial Independence—Challenges Facing the Chinese Judicial System
Conclusion
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