Party Autonomy In Private International Law

The principle of autonomy of will has a profound impact on theory and practice of interna tional private law. The principle of autonomy will is the basic principle of contract proper law and is the fundamental theory which is chosen by international private law. It is approved by scholars of all nations and is mirrored in judicatory cases and legislative practice in many countries.In recent years, the principle of autonomy of will has been developed very well, especially has been deeply developed and applied in relatively recent international private law. The principle of autonomy of will makes substantial justice been carried out and realized in international civil and business affairs in a flexible way of choice of law, which is exactly goal of law. We can easily find that the principle has disadvantages and insufficiency in the course of development and application, which goes against original intention. Therefore, the principle must be constantly amended and improved in the process of applying in all fields.We should constantly enlarge the extent of application by legislation and judicial practice in the course of applying and give the principle enough space for development in the process of improving the choice and usage mode of the principle. In the meantime, the principle is reasonably restricted in a proper manner in order to get the pursuit of substantive justice of law.By analyzing the meaning and foundation of the principle and its application in contract and other fields, this paper puts forward how China will go along with the historical tide in future international civil law and confirms the trend of development, hoping that the principle can be improved in international civil law and promote the world trade steadily develop.The paper constitutes of four chapters:Chapter 1 Deduction of the principle of autonomy of will. This part describes basic theory and the development of history of the principle, and sums up the concept of the principle. This part also analyzes the foundation of the principle, compares with other laws and regulations and deeply analyzes the necessity of the principle.Chapter 2 Application of the principle of autonomy of will in areas of contract. By analyzing the content, pattern and the scope of application of the choice of law, and also analyzing the restriction in applying in contract, this part expounds the possibility of the principle applying in contract.Chapter 3 Application of the principle of autonomy of will in other areas. This part discusses the application of the principle in infringe field,marital family domain and inheritance fields, analyzes the possibility and necessity in these fields, deeply digs the restricts and the trend of development of the principle in future international civil law.Chapter 4 Application of the principle in China and its new development and disadvantages in China. This part mainly describes the current situation of the principle applying in China, affirms Chinese contribution to the development of the principle in the newest fields, and analyzes the existence of the disadvantages. The thesis constructs how to develop and improve the principle and hopes to push through reforms of Chinese international civil law and to adapt to the development of diversity of economic integration.