This article reviews the statutory reform of Chinese private international law from the perspective of tort conflicts which concludes that notwithstanding the significant improvement, the new Private International Law Act of China are fraught with various defects. In the field of tort, Article 44 are problematic in three aspects: first, the key term‘ habitual residence’lacks an objective definition; second, the rationality of an automatic preference to the law of the common habitual residence over the lex loci delicti is open to doubt; third, there is little, if any, practicability to introduce the notion that the parties may choose the applicable law after the tort has happened. Moreover, there are a number of defects or problems with Article 45, Article 46 and Article 50 of the Act, respectively. What’s more, the Act neglects some other important types of torts which call for special treatment, say, unfair competition, and environmental pollution, nuclear damage and traffic accidents. In the end, the article puts forward the corresponding suggestions for improvement.

Reshaping Private International Law in China
  Ⅰ. Introduction
  Ⅱ. Choice of Law in Tort prior to the Private International Law Act
  Ⅲ. Choice of Law in Tort under the Private International Law Act
  Ⅳ. Conclusion

• Zhengxin Huo(Law at the School of International Law of China University of Political Science and Law)