Analysis On The Reservation Of Public Order In The Area Of Interregional Civil Judicial Assistance

As a principle to exclude the application of foreign law and protect the domestic interest, the reservation of public order is accepted wildly all over the world. Effectively, it alleviates the conflict of laws among the different countries. The reservation of public order is always one of the key issues in the private international law, especially in the private interregional law. We do hold it necessary to study whether to apply and how to apply this system in the private interregional law, since there are material differences in the conflict of laws between the international and the interregional. As to this issue, many countries use divergent approaches both in theory and in practice. In theory, there are three issues: theory of excluded application, theory of total application and theory of limited application. And in practice, not all countries, which have complex legal scopes, tend to apply this system; moreover, the ways and the conditions of application vary.With the reunification of mainland and Hong Kong, Macao and Taiwan, China will become a country with three legal systems and four law districts. The interregional conflict of laws shows such a growing tendency that the settlement of it becomes especially urgent. We must make the point of the reservation of public order because it is the one of the effective settlements. This thesis comparatively studies the reservation of public order from the perspective of interregional civil judicial assistance, such as in the U.S., the U.K., Canada and Australia. Then the author focuses on some deficiencies in our current legislation and gives her advice to fill the gaps. Particularly, detailed analysis is made in two problems: the first is how to distinguish the public order of the private international and interregional law from that of the domestic civil law, the other is how to make a deeper understanding of public order in different legal scopes within China" .The key point of this thesis is a reference to the application of reservation of public order in practice. It is believed that the reservation of public order can play a positive role in maintaining the policy of "One Country, Two Systems" and promoting the prosperity of all legal systems in China.