On The Principle Of Human Common Interests In Private International Law

The theory of human common interests has a long history of theoretic origin, always catches the attention from the legal scholors. Nowadays, the international society faces common and major issues, such as the crisis of peace, human rights and environmental issues, meanwhile, it takes that the human common interests are increasing obvious in every areas. Besides, with the deepening of international communication, especially the development of economic globalization, human common interests continue to expanding the meaning. Because of the requirements of the International peace career and the continued development of human society, the goverment and even personal should not harm the human public interests when they implement various activities. Private international law, which is the law that adjust the internatioanl legal relations of the civil and commercial, should construct a hamonious and fair international civil and commercial order to pursue the common interests of human. In the development and reform of the private international law, and the important fields which is close to the homan suvial and development, the principle of human common interests plays the important roles. The courntry make great efforts for the safeguarding human common intreats accordingly, but it also exist some disadvantages in private international law. In order to perfect the private international law and protect the human common interests, the courntry must obey the principle of the human common interests in the legislation and judical.This paper is divided into four parts, that will discuss the human common interests pricple of private international law with the thery, legal system and case.The first part expounds the meaning of common interests, the connotation of human public interests and the causes of human public interest in the private international law. The second part analyzes the basic theory of the human common interests principle in the private international law through historical and contemporary legal scholars'doctrine. The third part introduces that the development and reform of private international law appear the human common interests principle, and the human common interests principle in human rights field, intellectual property right field and environmental protection field that is closely linked with the human common interest. The fourth part combines with the actual situation in our country, it will realize the efforts for carry out the human common interests principle, and also point out the defects of legislation and judiciature. Meanwhile, it gives some corresponding Suggestions.