(1) One or both parties are foreign citizens, foreign legal persons or other organizations or stateless persons;
(2) The habitual residence of one or both parties is outside the territory of People's Republic of China (PRC);
(3) The subject matter is outside the territory of People's Republic of China (PRC);
(4) The legal fact that the civil relationship arises, changes or disappears occurs outside the territory of People's Republic of China (PRC);
(five) other circumstances that can be identified as foreign-related civil relations. Article 2 The people's court shall determine the applicable law for foreign-related civil relations that occurred before the implementation of the applicable law. If there is no provision in the law at that time, it can be determined by referring to the provisions of the applicable law for foreign-related civil relations. Article 3 Where the laws applicable to foreign-related civil relations are inconsistent with the provisions of other laws applicable to the same foreign-related civil relations, the provisions of the laws applicable to foreign-related civil relations shall apply, except that there are special provisions in People's Republic of China (PRC) Monetary Law, People's Republic of China (PRC) Maritime Law, People's Republic of China (PRC) Civil Aviation Law and other laws in the field of intellectual property.
There are no provisions in the law applicable to foreign-related civil relations, and if there are provisions in other laws, the provisions of other laws shall apply. Article 4 The laws of People's Republic of China (PRC) do not clearly stipulate that the parties may choose the law applicable to foreign-related civil relations. If the parties choose the applicable law, the people's court shall deem their choice invalid. Article 5 If the parties claim that the law chosen by agreement between the two parties has no practical connection with the disputed foreign-related civil relations, the people's court will not support it. Article 6 Before the conclusion of the debate in the court of first instance, if the parties agree to choose or change the applicable law, the people's court shall allow it.
If the parties refer to the laws of the same country and do not object to the application of the law, the people's court may determine that the parties have made a choice on the application of the law in foreign-related civil relations. Article 7 Where the parties refer to an international treaty that has not yet entered into force for People's Republic of China (PRC) in the contract, the people's court may determine the rights and obligations between the parties according to the contents of the international treaty, except that it is contrary to the interests of People's Republic of China (PRC) and social public interests or the mandatory provisions of People's Republic of China (PRC) laws and administrative regulations. Article 8 Under any of the following circumstances, the people's court shall regard the provisions of laws and administrative regulations directly applicable to foreign-related civil relations as mandatory provisions stipulated in Article 4 of the Law on the Application of Laws to Foreign-related Civil Relations, which involve the public interests of China people and society, and the parties cannot be excluded through agreement without the guidance of conflict norms:
(a) involving the protection of the rights and interests of workers;
(two) involving food or public health safety;
(3) Involving environmental safety;
(4) Involving financial security such as foreign exchange management;
(five) involving anti-monopoly and anti-dumping;
(six) other circumstances that should be recognized as compulsory. Article 3 If a party in Kujou Hajime intentionally creates a connection point of foreign-related civil relations and evades the mandatory provisions of People's Republic of China (PRC) laws and administrative regulations, the people's court shall hold that the application of foreign laws will not take effect. Article 10 When the settlement of foreign-related civil disputes must be based on another foreign-related civil relationship, the people's court shall determine the applicable law according to the nature of the premise. Article 11 If a case involves two or more foreign-related civil relations, the people's court shall determine the applicable law separately. Article 12 If the parties fail to choose the applicable law of the foreign-related arbitration agreement, or have not agreed on the arbitration institution and place, or the agreement is unclear, the people's court may apply the law of People's Republic of China (PRC) to determine the validity of the arbitration agreement. Article 13 A place where a natural person has lived continuously for more than one year at the time of the occurrence, alteration or termination of a foreign-related civil relationship, and takes it as the center of his life, the people's court may identify it as the habitual residence of a natural person as prescribed by applicable laws in foreign-related civil relations, except for medical treatment, labor dispatch and official duties. Article 14 The people's court shall determine that the place of registration of the establishment of a legal person is the place of registration of a legal person as stipulated by applicable laws in foreign-related civil relations. Article 15 If a people's court cannot obtain foreign laws through reasonable channels such as channels provided by the parties, international treaties that have entered into force in People's Republic of China (PRC), and channels provided by Chinese and foreign legal experts, it may be deemed that it cannot ascertain foreign laws.
According to the first paragraph of Article 10 of the Law on the Application of Laws in Foreign-related Civil Relations, the parties shall provide foreign laws. If they fail to provide foreign laws within a reasonable time limit specified by the people's court without justifiable reasons, they may be deemed unable to find out foreign laws. Article 16 The people's court shall listen to the opinions of all parties on the content, understanding and application of foreign laws that should be applied. If the parties have no objection to the content, understanding and application of foreign laws, the people's court may confirm it. If the parties have objections, they shall be examined and determined by the people's court. Article 17 These Provisions shall apply with reference to the laws concerning civil relations between the Hong Kong Special Administrative Region and the Macao Special Administrative Region.