The Research Of The Law Evasion In The Private International Law

The law evasion system is an important part of the traditional private international law. The existence of this system is reasonable, but with the development of globalization, it demonstrates its flaws. The scholars of mainland legal system persist that law evasion is invalid, on the contrary the English America countries hardly have the regulations about law evasion. To the question of law evasion, all the countries have great differences in private international law theories, legislation and judicial practice. It is valuable and significant to research the problems of law evasion and complete the relevant laws in order to promote the development of the international trade. This article analyzes the nature of law evasion, the object of law evasion and the effect of law evasion, then expounds the differences of law evasion in different countries and the reasons of such differences. In the end, on the basis of our country's theory and legislation practice, I suggest that the law evasion system be regulated in the general rules, and not only the evasion of our country's laws but also the evasion of foreign laws is invalid.