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Research Into The Reservation Of Public Order

Posted on:2006-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:J QinFull Text:PDF
GTID:2166360155455514Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The international economic and legal conflicts will set to increase with the refinement and development of Chinese market economy order and the frequency of the international deals after the Chinese entrance into WTO and the return of Hong Kong and Macao as well as the future return of Taiwan. The proper utilization of the reservation of public order of the private international law will play an important role in resolving conflicts and maintaining the legal independence and authority of our country. Tracing back Chinese legal construction, despite that this system has been enacted in the law concerned, there still exist some drawbacks in scale of the legislation and practice. Hence, this article will discuss about the application and refinement of the system in China after the conclusion of the advantages and disadvantages through the trace of the origin and the development of the reservation of public order.This article consists of five parts, concerning separately the essence of the public order, development history, the legal framework and practices of the reservation of public order in China, the drawbacks and refinement of the system in China as well as the application in the condition of regional legal conflicts.The first part, the content of which is mainly about the basic definition, has made a brief introduction of the reservation of public order from the essence, function and legislative pattern. As for the term of the public order, it obtains both dynamic and static meanings. From the view of the former, it concerns with the great interests or the basic legal and ethic principles of the nation and the society; from the latter, it specifies a certain system in the private international law through which we can exclude the application of the directed foreign laws. As far as the function of the system is concerned, it possesses the positive and negative double ones. The former relates to the affirmation of the effectiveness of the domestic laws concerning the public order in order to deny the effectiveness of the concerned foreign laws outside the nation. As for the legislation, the practices related in most countries can be grouped into the following: direct restriction,...
Keywords/Search Tags:Reservation of Public Order, restriction, application, regional legal conflicts, exclusion
PDF Full Text Request
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