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Second, this case involves custody and custody.
The application of guardianship law is not clearly defined in Chinese law, but many countries advocate the application of the domestic law of the ward or the law of the forum. Zhao Xiaohu was born in China, his father is a citizen of China, and Zhao Xiaohu has China nationality. This case was filed in China, and the law of the litigation place was China law. Therefore, the ownership of custody shall be governed by the laws of China.
With regard to the application of the law on maintenance, Article 148 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that "maintenance shall be governed by the law of the country with the closest relationship with the dependents". Zhao Xiaohu was born in China and has China nationality. His father is a citizen of China and holds China nationality. Zhao Xiaohu has been living in China since his birth, which shows that Zhao Xiaohu has the closest connection with China. This case shall be governed by the laws of China.
In addition, Article 20 of the Japanese Law stipulates that "the legal relationship between parents and children shall be governed by the laws of the parent country". According to Japanese law, China law should also be applied to this case.
There is no clear substantive law of foreign guardianship and support in China. The Supreme People's Court gave a formal reply to the question of custody and support of children between citizens of China and citizens of the former Soviet Union. The basic spirit of the reply is that it is appropriate for China citizens to divorce foreigners and their children to be cared for and raised by China citizens.
The China court can refer to this reply and sentence Zhao Xiaohu to be supervised and raised by Zhao Genghu.
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