The Application of Foreign Public Law and the Conflicts Law

Modern legal systems have witnessed a strong blending trend of private law and public law.Since the dichotomy of private-public law distinction has become increasingly vague and invalid,the extraterritorial application of foreign public law obtains more and more opportunities in the field of private international law.At the same time, the application of public law is necessary under certain circumstances as States need to keep the market developed stably and pursuit mutual benefits.The public law characteristic of conflicts law does not necessarily prevent foreign public law from applying to an international private case.In practice,both the application of foreign public law in the domestic law and the extraterritorial application of domestic public law have a close connection with the conflicts law.The former uses the traditional rules of conflicts law, while the latter resorts to the modern choice of law approaches.In China,there has not yet been any cases applying foreign public law but only some statutes providing the extraterritorial application of Chinese public law,which calls for further development.