On The Application Of Public Policies On Private International Law

The object of this thesis is to analyze the application of Public Policy in the International Private Law field. The goal is to solve the problem, which is China's judiciary has no rule on the application of Public Policy. Firstly, it analyzed characteristics of the Public Policy in International Private Law. Then, it analyzed the application of Public Policy in five different parts, which are in the proper law, the recognition and enforcement of foreign judgments, the recognition and enforcement of International Arbitral Awards, the judicial service and the jurisdiction. The idea came from the research work of the legislation and judicial practice on Public Policy in the main countries of both the Common Law tradition and the Civil Law tradition in comparative view, and Public Policy in conventions. The theory of experts and the Report by the International Law Association on Public Policy helped a lot also. With the help, it shows a picture for the application of Public Policy in International Private Law, even though Public Policy is so vague to describe. The most important is that this thesis reports the realty of the application of Public Policy in China nowadays and lists all the problems in China's judicial practice on this topic. All the above study is for the resolution of these problems. Finally, it tells us the resolution, which is keeping the balance on developing the function of Public Policy as the final confidence to the protection of the whole country's interests and telling the criteria on how to apply Public Policy properly. It emphasis on that the application of Public Policy should be considered as an exception rather than as a principle. It also tell us that only those rules which represented the basic interest of the whole country can be protected by the application of Public policy, not local interests or individual interests.