In The Theory About The Protection Of The Vulnerable's Interests By Private International Law

In the era of economic globalization, every country relate tighter and tighter. Foreign-related civil and commercial legal relations are increasing,and the corresponding case is increasing too. The factors of inequality in the international civil and commercial exchanges are increasing. Private international law as the mainstay of adjusting foreign-related civil an commercial cases, with its special adjustment methods undertake the responsibility. The theory about the right to protect the vulnerable appeared timely,which become the pursuit of justice to pursue forms a substantial justice.About the protection of vulnerable's rights in all countries in the world has more or less relevant regulations and related cases. However, the concept of vulnerable is not clear, and the narrow scope involved and protection method in a certain extent. So it is waiting for the studying in the step further.In view of the above, this article mainly from the angle of private international law and define the connotation of the vulnerable, and to realize the maximization of the rights and interests protection. Private international law on the protection of the rights and interests of this theory to resolve the occurrence and development of the necessity and urgency to protect the rights and interests. This theory in private international law, including the principle of level ("The most closely linked principle ", " The principle of party autonomy") and the basic system (" characterization " " Reservation of Public Order " " fraudulent evasion of law " " Directly applicable mandatory rules " " ascertainment of foreign law "and "renvoi") as a reference, and puts forward the rights of private international law protection system.The first chapter is about the basic problem. Mainly studies the meaning of the vulnerable, the scope of the vulnerable, including of the vulnerable, the basic characteristics of the most basic questions and private international law on protection and development of the theory and protect the vulnerable theory and the relationship of constructing the harmonious society.The second chapter analyse the system about protecting the rights and interests of the vulnerable. From the basic theory and the conflict rules of the private international law.The basic theory contain the "The most closely linked principle" " The principle of party autonomy"," characterization "," Reservation of Public Order"," fraudulent evasion of law "," Directly applicable mandatory rules"," ascertainment of foreign law "and "renvoi" The conflict rules of private international law on the protection of rights and interests of the vulnerable are mainly from the contract, marriage and family, tort field.The third chapter is about private international law on the protection of the rights system consummation. On the analysis of the present situation of the rights and interests of the vulnerable protection in China basic the present law and design the concrete system about the right to protect the vulnerable.The last chapter is talking about the important about the basic principle of the right to protect the weaker in the private international law and the future about the right to protect the weaker.