Principle Of Reciprocity In Private International Law Of French

Based on the point of methods Philosophy, outside legal norms system itself does not reflect the legal value,which generally transformed by the specific legal practice. In private international law of French, principle of reciprocity assumes these transformations. From observation of positive law in the source of private international law of French, the article 55 of Constitution of French and the article 11 of code civil stipulated it generally. The sources of private international law of French included the source international and national. The source international involved treaties, international practice and international jurisprudence. The source national comprised laws, jurisprudence and doctrine. According to principle of reciprocity stipulated in Constitution and code civil, Treaties take precedence over domestic law."La reciprocite" means mutual benefit, indicating subject taken the same behaviour to object, to produce the same effect and consequences, to arise the situation named by Aristotle as "moderate".In international law, that means based on the international principle of equality, every parties give mutual preferential treatment to each other. In the modern French private international law,the main content of the principle of reciprocity has been covering in relations of civil and commercial, such as equality of the sovereign of States,equality of legal status, rights and obligations. Equality of the law of domestic and external. Equality to adopted the law of domestic and external, And equality of every States to fulfill its international obligations and to respect international law. And aslo equality to applied the law of public order, those mentioned above have been formed gradually in the history of conflict of laws in France.From the perspective of the French history of private international law, principle of reciprocity was emerging with the generation of conflict of laws. It always occupied the principle position of private international law in various stages.In the era of Personal law and Territorial law, it generated along with the legal practice; In the era of "status", it has the meaning including the sovereign equality, equality of foreign law and domestic law, equality to applied with foreign law, equality of status of aliens.Three Principles by Huber of Netherlands, which was seen as the first theory of interpretation for it. Based on universalism, Savigny put forward it in international relations.In modern international private law, there are many debate in various schools,such as the conflict between sovereignty and interest, universalism and particularism, nationalism and internationalism, Individualism and territoriality, meanwhile principle of reciprocity has been emphasized by every different aspects.In contemporary legal practice of French private international law, the general application of the principle of reciprocity means appling law according to treaties and custom. For the Nationality Law that the nationality in France applied by Nationality Law of France. As to the status of the foreigners law, the principle of reciprocity established by Article 11 of the Code Civil. In the French conflict of laws, it is embodied in the every part of conflict of laws, such as the conflict rules of international and national, the identity of relationship, objects, legal actions, contract, tort, marriage effectiveness, property issues and inheritance issues. The principle of reciprocity brings into effect only by the way of judge’s application. Although to comply with it is the obligation of French judges, but the tendency is still comes to use the French law. So that Supreme Court of France issued a series of jurisprudence to regulate equal treatment of French law and foreign law, and in certain situation, the French judge should apply the foreign law, In the case of extra-territorial jurisdiction, international treaties is the main source of laws.The principle of reciprocity in private international law has some applications particulars, which means although there are exist some treaties or other legal source, but mainly based on the french law. However cncerning foreigners status in the law, there are others principles of minimum guaranteed benefits and assimilation. There are special access system, a family reunion and applied for asylum system; Relating to a special system for foreigners joining into the french society, strict limited will be required. Concerning the obligation to leave french territory, there are ouster order and deported.About special legal issues of company law, such as war damage compensation, the public service licence bank, travel agency, publishing, as long as these activities have a minimum of relevant to France, the French law is applicable. As a solution to the jurisdiction, there are special rules on the property.The method of systems of laws can reveal the value of law by the principle of reciprocity, and it is necessary to know the value of the private international law. It is to ensure conflict justice and material justice, conflicts justice mainly regarding to fair resolut of justice conflict, and still the sovereignty conflict behind; material justice in different countries mainly regarding to the people on the private law with freedom and equality.On this basis, china could improve the private international law from the revelation.By China’s current laws and regulations, the value cannot be successfully implemented.Primary reason is that the current laws of china does not to allowed the judge to create law, and also China does not ensure instrument of the proper legal options and applying foreign laws.It is required to valid of judge law and to control it properly.