Research On The History Of The Private International Law In America

The traditional theory of private international law in America originated from Europe. In 1830's, Judge Story created the entire system of traditional theory of private international law in America, which bases on Mr. Huber's theory. Mr. Story's theory was the doctrine of comity of nations, which resulted in the beginning of the development of private international law theory in America. The history of private international law theory in America includes three phases. The first is the phase of traditional theory of private international law in America, the second is the decline of the theory of private international law in America, and the third is the prosperity of modern theory of private international law in America, which can be called "conflicts revolution". The harvest of the third phase is outstanding, because the doctrine of governmental interests analysis and the most significant relationship are representative theories during the history of private international law of the world. American Law Institute compiled two editions of Restatement of the Law of Conflict of Laws. On the other hand, America has a lot of experience and special measure to solve the interstate conflict of laws. The development of the theory of private international law in America attracted extensive attention and induced heat discuss in globe scope though it is defective in some facets.In recent years, the theory of private international law in China has developed, but also is deficient. With the return of Hong Kong and Macao, the question of interstate conflict of laws becomes more important. Recently, private international law as one part of the draft of Civil Code is in discussion, so the author wants to introduce the history of private international law in America, then analyses the reason of the development of private international law in America and tries to explain the influence of American private international law theory on China. Consequently, the author concludes that we should perfect the lawmaking of private international law in China and the system of exercise and restriction to the principle of the most significant relationship and liberty judging, and apply by analogy private international law when we resolve interstate conflict of laws in our country.