Still basking in the sun, taking a break tomorrow. The focus is on summarizing viewpoints, supplementing understanding, and reflecting on experiences.Chapter Four: The Concept of International Private LawSection One: The Name and Definition of International Private LawAs the title suggests, this section explores the name and definition of international private law as an independent legal discipline.1. The Name of International Private LawIt is difficult to unify. The book introduces several common names that have emerged throughout its historical development: the theory of legal distinction, conflict of laws, private international law, international private law, foreign-related private law, and the theory of applicable foreign law, among others.The divergence in names is mainly due to different eras, countries or regions, and scholars having varying views on the issues and tasks that international private law aims to address. The name is merely a product of convention and does not require excessive effort or interpretation, as long as it aligns with the usage habits of the respective country.2. The Definition of International Private LawThere are differences. The book presents various definitions of international private law from different scholars, which vary based on their understanding of the objects, functions, methods, and scope of regulation in international private law, emphasizing and highlighting different aspects. Here are several definitions from different perspectives:(1) From the perspective of the objects of regulation: International private law is the legal discipline that regulates foreign-related civil legal relationships. (Note: For details on the objects of regulation, see notes C4.2)· For example, Professor Zhang Shangjin defines it as: For a specific country, international private law is a special legal discipline that regulates foreign-related civil relationships.(2) From the perspective of the function: International private law is the totality of norms that resolve conflicts of private law among different countries.· For example, the French scholar Frick’s definition is: The totality of norms that determine conflicts between different international private laws.(3) From the perspective of validity: Foreign-related civil relationships under international private law should be subject to the validity of foreign law.· For example, Bill’s definition in “The First Restatement of Conflict of Laws” is: A legal discipline that determines whether a foreign law’s validity should be recognized when a country addresses a specific legal issue.(4) From the perspective of legal applicability: Different scholars have different definitions of “applicability,” with some focusing on spatial scope and others on the scope of the legal relationship itself.· For example, Professor Li Haopei defines it as: In cases of ambiguity between civil law and commercial law in various countries, the law that should apply to civil relationships containing foreign elements.(5) From the perspective of enumerating the scope of international private law: This involves discussions on the composition and system of international private law, leading to different definitions due to varying understandings.· For example, Dai Xi believes that international private law is the totality of norms that deal with jurisdiction over foreign-related civil cases, the applicability of law, and the recognition and enforcement of foreign judgments.(6) From the perspective of a comprehensive summary of the objects, functions, methods, and scope of international private law: This is a more integrated definition approach. In my undergraduate international private law class, the teacher first guided us through these contents and then provided a comprehensive definition. Here are several classic definitions summarized:1. Han Deping: International private law is a legal discipline that adjusts foreign-related civil and commercial legal relationships between equal subjects through a combination of direct and indirect norms and resolves conflicts in foreign-related civil and commercial law. (Note: This involves the scope, objects of regulation, and main methods for resolving legal conflicts in international private law)2. Li Shuangyuan: International private law is an independent legal discipline that focuses on foreign-related civil and commercial relationships as its objects of regulation, with the central task of resolving legal conflicts, using conflict norms as the most fundamental norms, and also including norms that define the civil status of foreign nationals and norms governing international civil litigation and arbitration procedures.3. In this book, Professor Jiang defines it as: International private law interprets foreign-related civil and commercial relationships as its objects of regulation, with the core task of resolving legal conflicts, using conflict norms as the most fundamental norms, and also including norms that define the civil status of foreign nationals, unified substantive norms to avoid or eliminate legal conflicts, and norms governing international civil litigation and international commercial arbitration procedures as an independent legal discipline.In summary, defining international private law is a retrospective process that requires exploring the objects of regulation, commonly referred to as foreign-related civil and commercial legal relationships; the process of handling this relationship is essentially a process of legal choice, which involves issues of legal conflict; different types of legal conflicts require different resolution methods, primarily indirect adjustment methods and direct adjustment methods; finally, it is necessary to explore the system, scope, and sources of international private law, and after completing this series of tasks, a more comprehensive definition can be provided.