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1、2004年国家司法考试大纲国际私法（National judicial exam outline 2004 - private international law）international private lawBasic RequirementsTo master the basic knowledge, basic theory and international law system, especially in conjunction with China of relevant legislation, judicial interpretation and practice as
2、 well as the Chinese concluded or acceded to relevant international treaties, grasp the concept, the origin of private international law, civil and commercial legal status of foreigners, determine the conflict rules of applicable law, investigation and public order reservation system, recognition of
3、 foreign law, apply right ability and capacity, property rights, contract, tort, commercial and family law and inheritance relations law, international commercial arbitration, international civil procedure law and interregional judicial assistance and other issues.The first chapter is the overview o
4、f private international lawSection 1 the concept of private international lawThe name of the private international law (the difference between rules that private international law conflict of international law) to adjust the object of private international law (International Civil and commercial leg
5、al relations of international private law to adjust international civil and commercial legal relationship of private international law) the definition of private international law and private international lawThe second section is the scope of private international lawThe difference in the scope of
6、private international law advocates the norms of international private law (the civil and commercial legal status of foreigners, the norms of conflict, the norms of international unity, the substantive law of private law, and the norms of international civil and commercial dispute resolution)The thi
7、rd section is the origin of private international lawSources of domestic law (domestic legislation, domestic precedents, judicial interpretations), sources of international law (international treaties, international conventions)The second chapter is the subject of private international lawSection 1
8、natural personsThe natural person in private international law subject qualification of nationality of a natural person (to solve the negative conflict of positive conflicts of nationality of natural persons in the concept of nationality of natural persons in the solution of the nationality of natur
9、al persons) domicile of a natural person (to solve the negative conflict of positive conflict natural shelter concept of natural shelter to solve the natural shelter of a natural person) homeSecond section legal personThe legal subject qualification of private international law, the nationality of l
10、egal persons (China determine the nationality of legal person with the practice of determining the nationality of legal person) domicile legal person of the business of foreign legal person recognition (foreign legal person recognition concept of foreign legal person recognition way in recognition o
11、f foreign legal person China)Third sections of the stateThe national qualification of private international law state and its property (the concept of practice of state immunity of state and its property and its property issues have immunity of state and its property on the immunity of state and its
12、 property theory of state and its property and national civil and commercial law responsibility of the China)Fourth section International OrganizationThe privileges and immunities of the international organization of private international law subject qualification of international organizations in t
13、he international civil and commercial communication (International Organization for the emergence and development of the privileges and immunities of international organizations enjoy privileges and immunities according to the privileges and immunities of international organizations in the internati
14、onal civil and commercial communication of content)The fifth section is about the civil and commercial legal status of foreignersThe civil and commercial legal status of foreigners; the system of civil and commercial legal status of foreigners (national treatment, most favored nation treatment, pref
15、erential treatment), the civil and commercial legal status of foreigners in ChinaThe third chapter is about the conflict of laws, the norms of conflict and the applicable lawsSection 1 conflict of lawsThe concept and types of conflict of laws (type of concept of conflict of law of conflict of laws)
16、and the characteristics of international conflict of civil law (International Conflict of civil and commercial laws of international conflict of civil law characteristics) methods to solve the international conflict of civil law (conflict solution substantive solutions)Section second conflict rulesT
17、he concept of conflict rules (character name conflict rules and definitions of conflict rules) structure of conflict rules (conflict rules constitute a connection point is a type of conflict rules (formula) unilateral conflict rules bilateral conflict rules overlap conflict rules suitable choice rul
18、es for regulating the conflict of laws)Third applicable lawsThe concept and characteristics of the applicable law (concept applicable law applicable law of the applicable law) selection method to determine the applicable law (interregional conflict of laws and the applicable law to determine the app
19、licable law of interpersonal conflict and the law determines the intertemporal conflict of laws and the applicable law)The fourth chapter is about the system of conflict normsSection 1 IdentificationThe basis for the identification of the identification (in accordance with the law of court identific
20、ation, in accordance with the applicable law)The second section of RenvoiThe concept and types of Renvoi (to complete remission directly to contain direct indirect renvoi renvoi renvoi renvoi) the problems of practice of Renvoi China provisions concerning this problemThe third section is the ascerta
21、inment and interpretation of foreign lawFind out the applicable method to find the concept of foreign law, foreign law is unable to find out the solution of foreign law of foreign law mistake (applicable foreign law error within the country of conflict rules itself is wrong) interpretation of foreig
22、n law China find out about the foreign law provisionsThe fourth section, public order reservationThe concept of public order preservation; the practice of preserving public order; Chinas provisions on the public order systemThe fifth section is the evasion of lawThe concept of evasion of law, the ef
23、fectiveness of legal evasion, the object of legal circumvention, Chinas provisions on the evasion of lawThe fifth chapter is about the application of international civil and Commercial LawSection 1 rights and capacitiesApplicable law for the capacity for rights (for the right capacity rights of natu
24、ral persons the concept of conflict of laws legal capacity of natural persons legal) for the capacity of natural persons legal (for the behavior of natural person ability concept of natural human behavior ability of conflict of laws of natural person legal acts of corporate power and behavior) the l
25、aw (for legal rights and capacity to act of conflict of laws legal rights and capacity to act of the law)The second section is legal act, agency and prescriptionApplicable law law (law conflict of legal acts of the law applicable law (agent) for the conflict of laws of the applicable law of internal
26、 agent agent agent external relations law applicable law (for) the limitation of the law of conflict of laws of limitation)Third sections of real rightLex REI sitae (applicable scope of law principle of the meaning and theoretical basis of the law of the law of the legal relationship of property rig
27、ht is the exception) (real property law applicable law of real property right law)Fourth section creditors rightThe application of the contract law (the concept of the division theory of the applicable law of contract and the single on the subjective theory and the objective theory of party autonomy
28、 principle of objective marks said most closely linked to the principle of characteristic performance method of relevant provisions of law of the contract the China) applicable to tort law (special tort applicable to tort law conflicts general tort law the law applicable to Chinese provisions concer
29、ning the application of the tort law)Fifth commercial relationsApplication notes of the legal relationship between (Application Law of negotiable instrument behavior ability of the parties to a bill of the applicable law of exercising recourse term legal rights preservation procedure applicable laws
30、 bill holder liability loss) for maritime legal relationship (for maritime legal relationship conflict between million read maritime law) application of the legal relationship between the Civil Aviation (the relevant provisions of the Civil Aviation Law of the China)Sixth familiesThe applicable law
31、 of marriage (China provisions on foreign-related marriage applicable law of marriage form elements substantive elements of marriage law) for the relationship between husband and wife (for legal relationship legal matrimonial matrimonial relationship of the divorce law (Law) Chinese provisions on fo
32、reign divorce divorce cases legal jurisdiction of divorce the relationship between the parents and children) applicable law (applicable law legitimacy of unmarried children is the quasi law applicable to the relationship between parents and children law) applicable law adopted (for adoption of the a
33、pplicable law of adoption law Chinese provisions on adoption law applicable to adopt the lifting of the legal guardianship law) for legal supportSeventh section successionApplicable statutory succession law (difference between the scope of the same system inherited the applicable law China provision
34、s on applicable statutory inheritance laws) for probate law (applicable law wills the testator ability of the applicable law of wills content and law applicable law) the ownership of property inheritance one (for the ownership of property no one on the theory of inheritance inheritance law) noThe si
35、xth chapter is about the settlement of international civil and commercial disputesSection 1 Summary of international civil and commercial disputesThe concept and characteristics of international civil and commercial disputes (the characteristics of international civil and commercial disputes the con
36、cept of international civil and commercial disputes) type of international civil and commercial disputes of international civil and commercial disputes settlement consultation Mediation Arbitration Litigation alternative dispute resolution (ADR)The second section: consultation and mediationNegotiati
37、on (the concept of consultation, the advantages and limitations of negotiation, the principle of consultation), mediation (the concept of mediation, the type of mediation, the advantages and limitations of mediation, the principle of mediation)The third section International Commercial ArbitrationTh
38、e overview (type of concept and characteristics of international commercial arbitration concept and characteristics of arbitration the arbitration institution) (permanent foreign-related arbitration institutions arbitration tribunal arbitration institution of arbitration agreement (China) validity o
39、f legal validity of arbitration agreement is the basic content of the concept of arbitration agreement arbitration agreement arbitration agreement of the type of the arbitration agreement and the identification) Arbitration (arbitration application and acceptance decision law applicable to the arbit
40、ration tribunal composed of hearing) recognition and enforcement of arbitral award (International Convention on the recognition and enforcement of Foreign Arbitral Awards China arbitration arbitration award in the implementation of Chinas arbitration award Chinese foreign arbitration institution in
41、foreign recognition and enforcement of arbitration execution and cancellation of foreign arbitration award in recognition of our)Fourth International Civil LitigationInternational civil litigation and international civil procedure law (the concept and characteristics of international civil litigatio
42、n, the concept and characteristics of international civil procedural law of civil litigation (foreigners) status of civil litigation status of foreigners general principles concerning foreigners in the civil litigation status Chinese) jurisdiction in international civil cases (an overview of interna
43、tional civil jurisdiction to determine the jurisdiction of the international the principle of a civil case again or about two litigation jurisdiction and the jurisdiction of international civil jurisdiction provisions of China), during the international civil litigation, litigation preservation, lit
44、igation limitation (the limitation period of litigation preservation) International Judicial Assistance (judicial assistance way the concept of judicial assistance and the performance of China the provisions on judicial assistance service concept of foreign countries and the extraterritorial China o
45、n the extraterritorial send The provisions of the instrument, the concept of extraterritorial evidence collection, the procedure of extraterritorial evidence collection, the procedures and conditions for the recognition and enforcement of foreign court judgments, and the provisions on the recognitio
46、n and enforcement of foreign court judgments in ChinaThe seventh chapter is interregional legal issuesSection 1 interregional conflicts of laws and interregional conflicts lawThe concept of interregional conflict of laws and interregional conflict of laws, the resolution of interregional conflict of
47、 laws (the method of interregional conflict of laws, the solution of unified substantive law), the law of interregional conflicts, and the readers www.duzheju.The relationship between com and private international law (the relation and difference between interregional conflict law in private interna
48、tional law and the theory and practice of Interregional Conflict Law and international private law) approach China interregional conflict of laws (solving steps solution China interregional conflict of laws Chinese interregional conflict of laws)The second section is interregional judicial assistanc
49、eChinese served between the mainland and Hong Kong and Macao Taiwan (service between the mainland and the Hongkong Special Administrative Region on the mainland and the Macao Special Administrative Region) between the mainland and Hong Kong and Macao China investigation China mainland and Hong Kong an