国际私法案例（Cases of private international law）.doc

国际私法案例（Cases of private international law） Case analysis 1., in 1995, Chinese citizens, super tiger, and Japanese citizenship Sasaki Chiko married in China, married in China have a son, named Zhao Xiaohu. In 1998, Sasaki Chiko went back to live alone in japan. In 2000, Zhao Genghu filed a divorce suit in the Chinese Court on the grounds that his husband and wife had been separated from each other for long periods of time and were apathetic about their feelings. Sasaki Chiko agrees to divorce. The issue of custody and custody of children is disputed by both sides. Sasaki Chiko asked to bring Zhao Xiaohu back to Japan, raised by her, Zhao Genghu asked Zhao Xiaohu to stay in China, raised by him. Question: 1 should the law be applied to the law in this case? 2. Should Zhao Xiaohu be raised by his father or should he be brought up by his mother? 1) this case concerns custody and custody. The legal application of guardianship has not been clearly stipulated in our law, but many countries advocate the application of the national law or court law of the guardian. Zhao Xiaohu was born in China, his father is a Chinese citizen, and Zhao Xiaohu has Chinese nationality. The case is filed in China, and the law of the court is the law of China. Therefore, the ownership of the guardianship should be governed by Chinese law. Apply to the custody of the law, the peoples Republic of China law 148th article: applicable to maintenance is most closely linked to the laws of the state of Zhao Xiaohu in China was born and dependents, with China nationality, his father is Chinese citizens, with Chinese nationality, Zhao Xiao Tiger Born, has been in the Chinese life that Zhao Xiaohu and China is most closely connected, the case should be applied Chinese law. In addition, the 20 article of the Japanese law stipulates: the legal relationship between parents and children is in accordance with the law of the father.. In accordance with Japanese law, the case should also be governed by Chinese l