Conflict of Laws in the People’s Republic of China

Conflict of Laws in the People’s Republic of China

Elgar Asian Commercial Law and Practice series

Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters. It takes into account the latest developments in legislation and judicial interpretation, case law and judicial practice, and historical, political and economic background, especially recognizing the scholarly contribution made by Chinese scholars to this field.


Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

Subjects: asian studies, asian law, law - academic, asian law, private international law


Recognition and enforcement of foreign judgments is usually the final stage in international commercial litigation. After the court asserts jurisdiction, decides the applicable law and applies that law to make the decision, the judgment will only have practical value if it can prevent future actions from being brought in the same matter and can be enforced. At the international level the res judicata effect and the enforceability of foreign judgments often present difficulties. The effect of any government’s acts, including judicial ones, is limited to the territory of the sovereign. Therefore, the judgment of a court normally has no effect outside the territory of its jurisdiction. A judgment has an effect in another country only if the authority of the latter agrees to recognize and enforce it. This chapter focuses on Chinese law and practice on recognition and enforcement of foreign judgments. ‘Recognition’ and ‘enforcement’ are interrelated but different. Briefly speaking, ‘recognition’ involves a decision not to permit litigation of a specific issue or factual dispute that was previously decided in another court. It grants the foreign judgment the same res judicata effect that it has in its country of origin. ‘Enforcement’ involves the jurisdiction’s exercise of its judicial powers to compel compliance with a judgment rendered in another jurisdiction. ‘Recognition’ is the prerequisite for ‘enforcement’. A foreign judgment must be recognized before it can be enforced.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information