Reservation Of Public Order In Interregional Conflict Law

With Hong Kong and Masco's coming back, the system of two different political governing in one country plays an important role on Chinese history stage. It contributes much to an integrated China. However our homeland comes into being a country of three law systems and four law regions for the unsolved history political conflict between mainland and Taiwan; different social system among Hong Kong, Masco and mainland; nowadays complicated governing structure of China. The phenomenon is rare in the world. Furthermore with relevant foreign cases increasing after we joined in WTO, more and more international treaties have been being adopted by us, how to use Chinese law and foreign law properly without harming our essential benefits is an urgent issue to solve. Reservation of public order is getting more and more important as the last "safe guard". So what the article mainly discusses is the reservation of public order. The article expresses the author's idea. Comparing other country's legalization, It expounds the differences between the reservation of public order in interregional legal conflict and that of foreign laws, gives advice to the flaw of our legalization about reservation of public order.The article consists of three parts:The first part talks about reservation of public order's origin and historical development. It discusses the reservation of public order's deep meaning from constitution's visual angle. The public order's earliest origin is the theory of international concession which stands for states should concede other countries' law in their own area according to certain principles while the concession can not harm state's authority or its citizens' basic rights. To limit public order's abusing, the article explains public benefits in detail, defines the public order and state's authority by comparing different expression of public benefits and constitution definitions of that in different country.The second part expounds and compares the differences between international conflict law and interregional conflict law. Public order is widely adopted in international conflict law though it is founded to decide which law to be adopted in one country's area. Formerly this part discusses the usual principles of using public order and its characteristics. Then comparing the differences between the reservation of public order in interregional conflict law and international conflict law, it expounds what we should care about. After the article lists different country's opinion about how to solve the problem of conflicts in interregional private laws, comparing the resolution of international law conflicts, the author expresses her own opinion.The last part especially talks about the problem about the reservation of public order in China. It expounds the reservation of public order's importance and the necessity of using it in Chinese interregional law conflicts according to Chinese particular status quo, talks about the complexity and particularity of Chinese interregional law conflicts. Then it analyzes Chinese legalization and jurisdiction about public order's reservation in interregional law conflicts. In the end, the author gives advice to public order's reservation in China according to the legal system's flaw.