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Discussing The Justice Value Of The Conflict Of Laws

Posted on:2006-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaFull Text:PDF
GTID:2166360182965987Subject:International law
Abstract/Summary:PDF Full Text Request
Since laws present themselves , people come to go in for the value of justice. As the essence value of the law system, the justice value has big relations with the law system. Conflict of laws is in the same situation. Firstly, by studying the accepted concept of justice and taking account of the characteristics of the conflict of laws, the author attempts to explain the notion of the justice value in the conflict of laws .And then the text concretely analyzes the seedtime of the justice value concerning the theories ,the representation of the justice value in the "general part "and some formulas of the conflict of laws ;summarizes that the trend of the justice value of the conflict of laws is the interaction of "Conflicts justice " and "Material justice." Finally the author calls on that China should introduce the idea of the justice value into the legislation of the conflict of laws, actively join into the campaign of establishing the new order of international civil and commercial relationships.Through the history analyses, Chapter One expatiates the evolution of the justice value of the conflict of laws.Chapter Two respectively discusses about the "general part" of the conflicts law : Characterization, Renvoi, Public policy, Proof of Foreign Law. Chapter Three mainly talks about three formulas.
Keywords/Search Tags:the conflicts law, justice, protection and balance of rights
PDF Full Text Request
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