The Reservation Of Public Order" System

The reservation of public order(hereinafter "RPO" ), originating from the application of conflict rules, is one of the oldest principles in conflict laws. In international private law, RPO is a system that a domestic court denies to apply the foreign law if it violates the local public order, though which should be applied according the conflict rules. Such ideology was Embodied initially in the Statute Theory in Italy 13th or 14th century ,whereas the term—RPO hadn't put forward then. RPO was born after French Revolution and the system was first legally confirmed by Code Civil des France in 1804. Moreover, Enforcement Act of Civil Code des Deutschland in 1896, the earliest single international private statute, also prescribed the RPO system. Nowadays, RPO system has been widely admitted both in theory and practice.China holds positive attitude towards the RPO system, which can be found in General Principles of the Civil Law , Maritime Law , Negotiable Instruments Law and Contract Law. Furthermore, there is corresponding regulation in " Application of Law in Civil Relations with Foreigners" Chapter Article 11 of Civil Code (draft), submitted by the Law Committee of National People's Congress. Although we has stipulated the RPO, there are still many deficiencies and problems on the system in legislation and judicature as well.In view of it, this thesis will enter RPO system on the puzzles in China's judicature operation, analyze the emergence, evolvement and development of it, conclude the concerning legislation and judicature experiences of China and other countries. And then analyzes its limitation and deficiency in legislation and judicature, illustrate the rationality of China adopting in "finity application" and...