The Research Of The Law Evasion In The Private International Law

Since 1878 Baofu Lemon case of the French court, Law Evasion has attracted widespread attention and a more in-deep study of private international scholars. All the countries have great differences In Private international law theories, legislation and judicial Practice about Law Evasion,. The scholars of mainland legal system Persist that law evasion is invalid, on the contrary the English American countries hardly have the regulations about law evasion. Therefore, the study of the Problem of law evasion, and improving relevant legislation have more theoretical and Practical significance.This article studies the disputed Law Evasion based on the above and mainly expatiate on it from four aspects as below:The first section mainly analyzes the concept,quality,scope and causes of Law Evasion。By comparing with public order, it definites that the Law Evasion should have its separate legal status and pervade the field of civil and commercial cases. The second section mainly analyzes the component of Law Evasion. The article agrees the Four Components Theory after listing and analyzing different theories existing now, and believes that the object of Law Evasion includes domestic and foreign laws,but just substantive laws; and Law Evasion must be achieved by changing the specific fact which constitutes the connecting factor of conflict rules. The third section expounds on the validity of Law Evasion. There are Invalid Theory,Valid Theory and relatively invalid Theory of Law Evasion. There are concrete analysis of concrete conditions, invalid theory of evading foreign law and valid theory of evading foreign law. The article analyzes dialectically the valid of Law Evasion on this basis, and brings forward the point that evading domestic laws is invalid and evading foreign laws is invalid in principle but there's exception. In the last section, by combining the study of Law Evasion with our legislation practice and shortcomings, the author proposes that Law evasion should be formulated as a rule in our formal legislation in a comprehensive and systematic formal, and make it clear that it is invalid to evade foreign laws in principle. At least, we should proclaim our standpoint of disapproving Law Evasion which is the best choice of our related legislation.