On The Issue Of Private International Law To Circumvent The Law

To circumvent the law is the action that people avoid legal issues involving parties in order to achieve selfish aims by making deliberately some kind of link ,so that the laws will be of benefit to the application of a law or to escape from the law. Since 1878 Baofu Lemon case of the French court, to circumvent the law has been a basic issue of private international law, this attracted widespread attention and a more in-depth study of private international scholars.With modern international civil and commercial exchanges increased , to circumvent the law has occurred from time to time , has had a serious impact on the authority of national laws. Therefore, the study of the problem of avoiding the law, and improving relevant legislation, promoting the normal development of niternational civil and commercial exchanges have already been more theoretical and practical significance.From the concept and composition of the legal evasion in this paper, summed up the essence of the concept to circumvent the law , and finally summed up this notion that circumvents the law . Dealed with legal status and the existence. Whether the law is an independent or a retain part of the problem is still an undecided problem, and there are the theoretical existence of different views. But this paper regarded to circumvent international private law as a separate issue. When we talked about the legal definition of the effect of the law evasion ,we found that there are differences between the theory and practice of a larger problem. This article compared the effectiveness and found to circumvent the law should not be generalized ,but subjectively —if there is malicious or deserving of our sympathy or not and to guaranteethe realization of their legitimate interests. Explored the legal issues of avoiding the object .there are still the legal differences, this paper thought the object includes not demestic and foreign law but substantive and conflict law.We should understand legal evasion in a broader perspective . In view of the lack of the law in theory and practice, the article gave legislative proposals to provide reference path for improving international .