Interrelation Between The Socialism Market Economy And The Legislation Of The Private International Law In China

The socialism market economy has been established in China. Chinese people are trying their best to perfect the socialism market economy and construct comparatively good living standard. With the development of economy, more and more foreign-related civil and commercial legal relations are appearing. But, the private international law in China isn't perfect and enough and can't adapt to the development of the socialism market economy. Accordingly, we must perfect the private international law in China when we perfect the socialism market economy in order to make them accord with the regular between them and promote the socialism market economy to develop more steadily. There are three parts to discuss the problem in this thesis.The first part mainly discusses the historical relations of development between market economy and private international law and divides the history of private international law into three stages. It's doctrine law, domestic legislation and international legislation. It discusses the relations between market economy and private international law in each stage specifically. In the stage of doctrine law, because of the productive force restriction, commodity economy couldn't develop fully and feudalism small-scale farming by individual owners is still main economy so that the scope of foreign-related civil and commercial legal relations were narrow and quality was few before 1750s. The private international law wasn't so important as we think and was only reflected in doctrines. In the stage of domestic legislation, the first technology revolution took place and the first industrial revolution completed. Capitalism economy in Europe and America had developed into mature stage. The association in different countries was more and more close. Input and output of capital had been important. A world capitalism market economy system formed basically and changed the state of doctrine law stage. Simple theory direction couldn't be satisfied market economy development in this stage. So, private international law entered its' domestic legislation stage and appeared domestic laws in some countries. In the stage of international legislation, the second technology revolution took place after 1870s. Capitalism developed to higher stage and entered monopoly capital. As the international division of labor went step further development. All the capitalism nations brought their economy into the world market economy system and occupied a certain position in world manufacture system. As the world economy wasn't separated and the second industrial revolution completed, in this period, there was much change in foreign-related civil and commercial relations. The scope was very extensive and quality was also large. In order to uphold the steadily development of capitalism economy in world economy, some international organizations engaging in unifying private international law had appeared and private international law had entered its' international legislation stage since 1890s. By the analyses about the three stages, we can deduce that private international law promotes market economy development continuously while market economy decides the produce of private international law. By the mutual action, private international law and market economy all gain development continuously.The second part narrates the past, the present situation of legislation and the development trends of the private international law in China. The part mainly analyzes the levels, sources, scope and model of the private international law in China and introduces the legislation achievement of the private international law in China in detail. From the Tang Dynasty to the end of the Qing Dynasty, Chinese feudalism society always adopted closed-door policy and carried out territorial principle so that China's foreign exchange was always bogged down. In that time, there was no application of foreign laws and no legislation in the private international law in China. Only to the first year of the Republic of China, Beiyang Governm...