PROPERTY RIGHTS IN CHINA'S CONFLICT OF LAWS

China's new private international law adds choice of law provisions for property.Most of the provisions are innovative.They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities.The choice of law rules for property comply with relevant international legislation as far as possible.At the time,certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws.The principle of parties' autonomy was first introduced to the fieM of "movable property"and "movable property in transit,"but it seems goes too far.In light of the gradual opening up of China's securities market,the new law stipulates applicable laws to commercial securities,but it did not take into account the indirect holding system of securities.     

CHILD SUPPORT IN THE UNITED STATES

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chilďs other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.