The Study Of Choice Of Law Theory

At present, along with the rapid development of the globalization progress and the step of the establishment of new international civil and commercial order, multinational civil and commercial association becomes more and more frequent, and choice of law theory of solving the multinational conflict of laws seems to be more and more important. The system of choice of law theory in the world can be divided into two parts, those are European and American systems. Although the traditional American PIL (private international law) system is founded on the basic of the traditional European theories, there has been a distinction between the traditional choice of law theory and the modern choice of law theory since 1930's, because American scholars began to criticize the traditional theories from then on. The choice of law theory has been changed violently on the aspects of the methods of choice of law, the value target, and the benefit coordination. Different theories and practice are all at the violent conflict. These conflicts mainly occur between the certainty and flexibility of application of law, the ideas of conceptualism PIL and functionalism PIL, the conflict justice and substance justice of choice of law, jurisdiction choice and content-orientation choice, the rule and method, personal benefits and national interests and international common interests. Under this kind of social background, the choice of law theories let a hundred schools of thought contend, pushing forward the reform and the...