On The Balance Between Justice And Order Of International Private Law In Perspective Of American Restatements Of The Law Of Conflict Of Laws

The value of law is an old object of research, it is very important and can be beneficial to legal practice in International Private Law, However, the research on this field starts very late in China.The value of law includes many ingredients, such as justice, freedom, efficiency, order and so on. Among which the justice and order are more important in International Private Law.The justice can be divided into two categories: material justice and conflict justice .Conflict justice is the core of traditional conflict rules, while the material justice is the destination of modern International Private Law. The order indicates the systematization of the way of social existence and activity. The value of law demands the rules of choice of law are stable, determinacy and foreseeable. The conflict between material justice and order is difficult to settle. The value of order needs the universality of law, while the universality brings difficulty to resolve specific cases. But in a wholesome legal system, the justice and order are consistent. The basic function of justice can bring itself into full play depending on the help of sound order, while the order established by the legal system cements and develops due to the achievement of the justice pursued by legal system. The target of law is to create justice social order. International Private Law progresses in the process of pursuing for the best combination of justice and order.This paper analyses the function of justice and order in the course of the development of International Private Law on the perspective of the Restatement of Conflict of Laws.