Generally speaking, private international law stipulates that infringement shall be governed by the law of the place where the act occurred. This is currently the case in most countries. The specific place of conduct is determined differently. Some countries use the place where the infringement is committed, while others also count the place where the damage results occur. It cannot be generalized.

The application shall be determined based on the substantive law rules guided by the conflict norms of the specific country. The general principles of my country's civil law stipulate that damages for infringement shall be governed by the law of the place where the infringement occurred. This is a general rule. If both parties have the same nationality or domicile in the same country, the law of the party's home country or the law of the place of domicile may also be applied. This is an international customary practice. The earliest regulations on foreigners violating the law can be seen in the Tang Dynasty of my country.

Article 126 of my country’s Contract Law stipulates: “Parties to a foreign-related contract may choose the law applicable to handling contract disputes, unless otherwise provided by law. If the parties to a foreign-related contract do not choose, the laws applicable to the contract shall apply. The law of the country with the closest contact. Article 145, paragraph 1, of the General Principles of Civil Law stipulates: “Parties to a foreign-related contract may choose the law applicable to handling contract disputes, unless otherwise provided by law. "

The principle is not used only when the law provides otherwise. The law has additional provisions on the legal application of certain types of foreign-related contracts and certain issues related to the contract. Extended information

For example:

1. The international sale of goods contract shall be governed by the law of the place where the buyer’s business place is located at the time of conclusion. If the contract is negotiated and concluded at the buyer’s place of business, or the contract is mainly based on the conditions determined by the buyer, the buyer shall apply. If the tender is issued or the contract clearly stipulates that the seller must perform its delivery obligations at the location of the buyer's business office, the law of the location of the buyer's business office at the time the contract is concluded shall apply.

2. For bank loans or guarantee contracts, the lending bank or the law shall apply. The law of the place where the guarantee bank is located.

3. The insurance contract shall be governed by the law of the place where the insurer has its business office.

Specific application in my country’s judicial practice:

1. The parties. Choose the law to handle contract disputes, including whether the contract is established, the practice of establishing the contract, the interpretation of the contract content, the performance of the contract, the modification, suspension, transfer, and termination of the contract with liability for breach of contract

2. The parties. The law chosen can be Chinese law, Hong Kong and Macao law and foreign law.

3. The legal choice made by the parties must be the result of consensus between the parties.

4. The method of choice must be. It is expressly stated.

5. The time chosen is from the conclusion of the contract until the hearing in the People’s Court.

Baidu Encyclopedia - Research on the application of foreign-related infringement laws