Research On Theory Of "the Most Significant Relationship"

American Restatement(Second) of Conflict of Laws(hereinafter SecondRestatement) had ever effected the latter-day private international legislationsignificantly. It was after the publishing of Second Restatement that variouslegislation which embodied so called Principle of the Closest Relationshipcome forth in Europe. And the Theory of Most Significant Relationship is themost creative part of Second Restatement. The Review on section 6 of SecondRestatement can be regarded as a regressive survey of Principle of the ClosestRelationship, and we can find out some development clues of it from thevarious attempt in America to improve the Theory of Most SignificantRelationship.The article is divided into three chapters.In the first chapter "General Introduction of Relative Background of §6",the writer firstly introduces the basic opinions of Pragmatic Legal Philosophyand Legal Realism which laid a foundation for Theory of Most SignificantRelationship, and analyses how the two law theories promoted it. On one hand,Pragmatic Legal Philosophy regards law as instrument of social policies, thegenuine study object of law research, which provides basis in theory forInterest Analysis that analysis the hiding policies of state laws. On the otherhand, Pragmatic Legal Philosophy considers the life of law to be substantivelaw, and Legal Realism pays more attention to how the judges do when theyapply the law encourage and accelerate the judges to take active part in seekingof Choice-of-Law methodology. Secondly, the writer sums up the developmentclue of the Most Significant Relationship, and analyses how the FirstRestatement of Conflict of Laws, American Conflict Revolution, all kinds oftheories came forth in great number and the judges'seeking of Choice-of Lawmethodology effected the Most Significant Relationship.In the second chapter "Analysis of §6", the writer elaborates on§6 ofSecond Restatement, and tries to illustrate how America judges manipulate §6.§6 can be described as follow,a. Analyse the hiding policies of the relevant states'laws, and concludewhether the states have interests and weigh the interests in applying their lawson particular issue and then apply the state conflict of law which has genuineinterest or has bigger interest than other states.b. Admit the priority of forum law while meet the need of the interstateand international systems. When decide which law should be applied, try bestto reduce the negative affect on other states'law policies.c. Think about the protection of the justified expectation. The courtsshould see about whether the parties'choice is justified.d. Think about the basic policies underlying the particular field of law.e. Try to achieve the certainty, predictability and uniformity of result,andease in the determination and application of the law to be applied.In the third chapter "Review on the Most Significant Relationship", thewriter estimates this theory through three facets that are target and actual effect,the relation with the Closest Relationship and the possible developmentdirection in America of the Most Significant Relationship.American conflict of laws pursues the balance between the certainty andpredictability of judge and individual justice that is undoubtedly the target ofthe Most Significant Relationship. Second Restatement designed a lot of rulesand regulations. It recodes the rules in those fields where the Choice-of-Law istend to be stable,and provides §6 which the courts should follow in otherfields where the Choice-of-Law is still not unified.The effect of§6 is incredulous because the judges have different opinions...