In the fourth and the fifth centuries A. D., the Völkerwanderung movement swept over the length and breadth of the Eurasian Continent. After this great movement, the territorial boundaries were set but the law to be applied in each case of adjudication was determined in accordance with the principle of personal law. In other words, in the Asian, as well as the European part of the Eurasian Continent, . there existed manifold legal systems and a particular one among them would be singled out to be applied to a particular case in accordance with the nationality of the person or persons involved.
Under such circumstances, it was inevitable that the principle of Busse in the indigenous law of the northern races clashed, after these races had invaded and occupied northern areas of China, with the principle of corporal punishment in the traditional Chinese law. This. kind of clash of legal principles dates back even before the Chin (_??_) and Han (_??_) dynasties.
According to the Tang lü (_??__??_) (code of Tang dynasty) enforced in the seventh and the eighth A. D., an affair between two foreigners of the same nationality was to be adjudicated by the Chinese court in accordance with the law of that nation (principle of personal law) and the Chinese law governed the relation between two foreigners of different nationalities and the relation between a Chinese and a foreigner (principle of territorial law). The code of the Sung (_??_) dynasty also adopted the same principles.
However, some informations after the 11th century show that the Chinese authorities allowed some latitude in the application of the law to foreigners. They usually applied to foreigners their national law in order to win their hearts.
Under the foreign domination during the Liao (_??_), Chin (_??_), Yuan (_??_) and Chin (_??_) dynasties, the problem of conflict of law was solved along the above-mentioned traditional lines but necessary modification of the traditional principles was made to conform with the changing realities of each age. This thesis aims at a historical description of the contact of legal systems of various races within the Chinese territory.
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