What are the English conflict of law rules that apply in the event of a conflict of laws

Part III of the Private International Law (Various Provisions) Act 1995 (hereinafter referred to as the "1995 Act"), which came into effect in 1996 and was drafted by the Law Commission of England and Scotland on torts, brought about a revolutionary change to the conflict of tort law in the United Kingdom, thus completely changing the traditional choice of law applicable to torts in the United Kingdom, and establishing a relatively open system of choice of law rules applicable to tort incidents in which common law rules and statutory law coexist, and flexibility is combined with predictability and certainty.

a) The various rules are combined to "divide and conquer". Section 10 of the new 1995 Act makes it clear that the common law "two-pronged" rule and the exception rule no longer apply. In this way, infringements previously governed by the "two-pronged" rule and the exception rule are governed by the new law, while maritime, aviation and other torts not regulated by the common law rules mentioned above remain governed by the original rule.

This is because the new law is based on the single control of the tort by the law of the place where the tort is committed, with the exception of the alternative rule. In order to prevent the application of the new law from undermining the rights to freedom of expression and of the press of British citizens, section 9 (3) of the new law provides that defamation tort claims remain subject to the common law "two-pronged" rule and the exception rule. In this way, in the field of torts in the United Kingdom, there is a situation of joint "partition" of statute law, common law rules and other rules.

2) Coordination of flexibility and predictability. It is one of the objectives pursued by contemporary private international law legislation to establish a model of choice of applicable law that is compatible with flexibility and certainty to adjust the various types of torts. This trend is fully reflected in the current UK system of choice of law rules governing tort incidents.

In the case of a non-defamatory act, if it takes place in one jurisdiction, the law of that jurisdiction applies;

If it occurs in several jurisdictions, the law of the place where the victim suffered the infringement shall apply; In the case of damage to property, the law of the location at the time of the damage to the property shall apply; If it is not possible to determine the place where the infringement occurred, the law of the place where the most important factor constituting the infringement occurred shall be the applicable law of the infringement. Where the application of the general rule results in an unfair result, the court is allowed to apply the alternative rule for relief.

Legal Analysis: The applicable rules in the event of a conflict of laws are: the superior law prevails over the subordinate law, the new law prevails over the old law (if the successive provisions of the same law are inconsistent, the newly enacted law shall prevail), and the special law prevails over the common law.

Legal basis: Legislation Law of the People's Republic of China

Article 87: The Constitution has the highest legal effect, and all laws, administrative regulations, local regulations, autonomous regulations, and special regulations and rules must not contradict the Constitution.

Article 88: Laws are more effective than administrative regulations, local regulations, and rules. Administrative regulations are more effective than local regulations and rules.

Article 89: Local regulations are more effective than local ** rules at the same level and at the lower level. The effectiveness of the rules formulated by the people of provinces and autonomous regions is higher than that formulated by the people of districted cities and autonomous prefectures within their respective administrative regions.

Legal analysis: The law applicable to foreign-related civil relations shall be determined in accordance with the Law of the People's Republic of China on the Application of Laws to Foreign-related Civil Relations. Where other laws have other special provisions on the application of law on matters involving foreign citizens, follow those provisions.

Legal basis: "Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations" Article 2: The laws applicable to foreign-related civil relations are to be determined in accordance with this Law. Where other laws have other special provisions on the application of law to foreign-related civil relations, follow those provisions.

Where this Law and other laws have no provisions on the application of law to foreign-related civil relations, the law that has the closest connection with the foreign-related civil relationship shall apply.

Conflict rules, also known as "rules on the application of law", "rules on choice of law", and "conflict norms", refer to the rules stipulated by domestic law or international public agreements that specify which law should be applied to a foreign-related civil and commercial legal relationship, and they are the main components of private international law rules. Between countries or between various jurisdictions within a country, because their civil and commercial laws have different provisions on the same issue, when the case on the issue encounters a foreign-related element, a conflict of laws will occur. For example, the fact that national laws have different provisions on the age of majority can give rise to conflicts of law regarding civil capacity.