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電大國(guó)際私法論述題參考資料小抄(匯總)-資料下載頁

2025-06-05 17:19本頁面
  

【正文】 一沖突規(guī)范,也可以援用公共秩序保留來限制其效力。第四,在排除本應(yīng)適用的外國(guó)法后,不應(yīng)一概以本國(guó)法代之,必要時(shí)可適用與該外國(guó)法有較密切聯(lián)系的另一外國(guó)法。 我國(guó)國(guó)際私法中公共秩序保留的應(yīng)用。我國(guó)對(duì)公共秩序保留一 向持肯定態(tài)度。在 1950 年《關(guān)于外國(guó)人與外僑、華僑與外僑婚姻問題的意見》、 1991 年《民事訴訟法》中都有相關(guān)條款。 1986 年頒布的《民法通則》第一次在國(guó)際私法中全面規(guī)定了公共秩序保留制度。該條第 150 條規(guī)定:“依照本章規(guī)定適用外國(guó)法律或者國(guó)際慣例的,不得違背中華人民共和國(guó)的社會(huì)公共利益?!边@一規(guī)定表明:第一,我國(guó)采取了直接限制的立法方式,適用起來比較靈活。第二,對(duì)于確定違反公共秩序的實(shí)際標(biāo)準(zhǔn),我國(guó)采取了“結(jié)果說”,這有利于適當(dāng)限制公共秩序的運(yùn)用。第三,我國(guó)的公共秩序保留條款不僅指向外國(guó)法律,還指向國(guó)際慣例, 這是我國(guó)特有的。學(xué)者們認(rèn)為,從我國(guó)實(shí)際情況出發(fā),可援用公共秩序保留條款排除外國(guó)法適用的情況有:適用外國(guó)法違反我國(guó)憲法的基本精神、違背四項(xiàng)基本原則、有損于國(guó)家統(tǒng)一和民族團(tuán)結(jié);適用外國(guó)法有損我國(guó)主權(quán)與安全;適用外國(guó)法違反有關(guān)部門法的基本準(zhǔn)則;適用外國(guó)法違背我國(guó)締結(jié)或參加的國(guó)際條約所承擔(dān)的義務(wù)或違反國(guó)際法上公認(rèn)的公平正義原則;某一外國(guó)法院對(duì)同我國(guó)有關(guān)的案件,無理拒絕承認(rèn)我國(guó)法的效力,則根據(jù)對(duì)等原則我國(guó)采取報(bào)復(fù)措施。 Visafree policy brings Chengdu biz, tourism boost. Making national headlines several times, Chengdu39。s 72hour visafree policy has attracted wide attention from both Chinese and foreign experts and businessmen since it took effect on Sept 1 last year. The program permits citizens from 51 countries and regions including the United States, Australia, Canada and Japan who have valid visas and flight tickets to a third country to spend three days in the city. The capital of Sichuan province is the first city in the western region of China to offer foreign tourists a threeday visa and the fourth nationwide to adopt the policy following Shanghai, Beijing and Guangzhou. Li Zhiyong, deputy dean of the tourism institute at Sichuan University, said the move contributes to a large increase in the number of overseas tourists and raises the city39。s level of internationalization. The policy will also bring direct economic revenue, Li said. Chengdu has many cultural legacies and is also a paradise for panda lovers with the world39。s largest breeding and research center. Three days are long enough for foreign visitors to visit those iconic tourist spots, he noted. The city is home to the remains of the Jin sha civilization that dates back more than 3,000 years as well as the Qing cheng Mountains and the Du jiang yan irrigation system. Qing cheng has long been recognized as the birthplace of Taoism, China39。s ancient indigenous religion, while Du jiang yan is considered to be the oldes t functioning watercontrol project in the world. Chengdu ranked third in tourist facilities, management and services among 60 Chinese cities in a customer satisfaction survey released last year. But, Li added that efforts are still needed to develop more tourism products, improve English services and provide accurate translation of traffic signs and scenic billboards. Zhao Yun, chairwoman of British Chamber of Commerce Southwest China, told China Daily that his colleagues found the policy very convenient. A British client once flew here and stayed for just one day to check her ordered goods, she said. Zhao was born in Shanxi province, but she has lived in Chengdu for more than 10 years. My life was like a running race moving from place to place. I also lived in Beijing and Shanghai before, she said. But Chengdu is a place that you never want to leave once settling down. It is now my second hometown, she said. If the environment is further improved, the city will attract more people to visit and live, with the 72hour visafree policy and pelling conditions in transportation, culture, climate and cuisine, he said. Foreigners also gave positive feedback on the policy. A spokesman from Dell Inc said the pany has a global hub of operation in Chengdu, so the threeday visa has an immediate and positive influence on the pany39。s business development. Rudy Buttignol, president of the public broadcasting pany in British Columbia, Canada, said his work requires frequent travel to Chengdu and the policy makes the trips easier. Data from the city39。s public security bureau shows some 100 foreign visitors enjoyed the 72hour policy by the end of March, most of them from the United States, the United Kingdom and Germany. Chengdu also reported robust growth in its overall tourist industry last year. Official statistics show that it received some 150 million tourists last year, an increase of 28 percent from 2021. Around million came from abroad, an increase of 12 percent. Total revenue from tourism surpassed 133 billion yuan ($). During his visit to Kazakhstan in September, Chinese President Xi Jinping proposed that China and Central Asia join hands to build a Silk Road economic belt to boost cooperation. The idea has been w idely echoed in Central Asian countries, being an encouraging blueprint for Chinese areas along the Silk Road that has linked Asia and Europe for more than 2,000 years. In the next three weeks, China Daily reporters w ill travel through the belt in China and in Kazakhstan, Uzbekistan and Turkey. They will show the progress and expectations of the countries, businesses and peoples on the route. Shaanxi the start of the ancient Silk Road has positioned itself as the new starting point for the development of the Silk Road Economic Belt, w hich will strengthen China39。s cooperation with Central Asian countries, a senior official said. Shaanxi Governor Lou Qinjian said the province is fresh, rich and unique, as it was when it anchored one end of the ancient Silk Road. It is the best option for acmodating industrial transfers from East China or the w orld at large, he said on Wednesday in Xi39。an. Lou held a joint interview with 27 media, including China Daily, the first in a series of interviews entitled Chinese Media A long the Silk Road. The interviews will be in Shaanxi and Gansu provinces and the Xinjiang Uygur autonomous region, as well as Kazakhstan, Uzbekistan and Turkey. The media group held the first interview on Wednesday morning in Xi39。an, the starting point of the ancient Silk Road, a trade channel established more than 2,000 years ago linking China, Central Asia and Europe.
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