| After the World War II, with the change of the state functions and the strengthening intervention on the socio-economic life, the state of public power has infiltrated into the traditional field of private law. Correspondingly, in the foreign-related civil and commercial relations, there are also some laws which had been given to the forced applicable effect. These laws can be directly applicable to foreign civil and commercial relations adjustment, without invoked by the conflict rules. Those laws that can be applied directly are called "directly applicable law".Such a concept and system emerging from the judicial practice were showed great concern by the European Private International Law scholars. In our country, there are still few researching works about "directly applicable law". Many of the issues have not been clear and reached a consensus. The relations between "directly applicable law" and reservation of public order, conflict rules of Private International Law and uniform substantive rules are also unclear. Therefore, it has positive significance to clarify the status of "directly applicable law" in the theory of Private International Law, for the guidance to the practice of the Private International Law.The concept of "directly applicable law" was not fabricated by the international law scholars, but stemmed from judicial practice. It was first put forward by the famous French Private International Law scholars Phocion Francescakis. Although "directly applicable law" was clearly put forward in the 20th century page and truly became an influential international law doctrine, its theoretical basis can be traced back to the medium of 19th century, Savigny's "the Seat of Legal Relationship Theory".Public order is a system that has long history. In recent years, some scholars have new awareness to the functions of public order .They seem public order has broken through the traditional negative role of the constraints...
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