Protection Of The Vulnerable's Interests By Private International Law

This dissertation probes into the proper theories and concrete methods of protection of the vulnerable's interests by private international law by start from basic function and value guidance of private international law. This dissertation is divided into 7 chapters.Chapter one is a basic explanation on the vulnerable. After making a difference between the vulnerable and social vulnerable group, the dissertation explains the meaning and scope of the vulnerable in private international law, and analyses the emergence and character of the vulnerable.Chapter two analyses the legitimate reason of protection of the vulnerable's interests by private international law. The conclusion of this chapter is protection of the vulnerable's interests by private international law is the demand of protection human rights and the result of pursuing substantive justice and coordination with the voice of construction harmony society.Chapter three introduces the present situation of protection of the vulnerable's interests by national and international private international law. After pointing out the characters and defects on protection of the vulnerable's interests from the point of legislation, this part points out the defects may be solved from three aspects: the fundamental principle, indirect regulation method and basic system.Chapter four expounds the reason why the principle of protection of the vulnerable's interests should be fundamental principle of private international law and explains the function of fundamental principle of protection of the vulnerable's interests and emphasizes the issues paid attentioned to when the fundamental principle is applied.Chapter five is about the indirect regulation method of private international law and protection of the vulnerable's interests. On the one hand, we should emphasize the application of protective rules, on the other hand, the common nature of the vulnerable, the character of formula of attribution and status quo legislation of international society and national society determine the necessity of stipulating law favored to interests of the vulnerable as, formula of attribution. Law favored to interests of the vulnerable has some relationship with other formulae of attribution. Law favored to interests of the vulnerable does not repel the applying of the doctrine of party autonomy and the doctrine of the most significant relationship.Chapter six is the basic system of private international law and protection of the vulnerable's interests. The application of basic system of private international law should carry through the fundamental principle of protection of the vulnerable's interests, which is the issue that should be paid attentioned to by China legislation.Chapter seven is legislative advice on Chinese private international law. This part not only sets up articles from three parts: introduction, jurisdiction and law application, but also compares these articles that set up by author with articles exsited now.