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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 rulesThe concept of conflict rules (character name conflict rules and definitions of conflict rules) st
