The Expansion Of Party Autonomy Principle In The Area Of Private International Law

Party Autonomy Principle, which is determined in contact area, is the fundamental principle to establish the applicable law in international contract area. In recent years, with the economical globalization and the frequency of the contacts in international trade, the difference of the principle in different countries has decreased step by step, and it has developed obviously in two ways: on the one hand, some specific contracts reject it; such as in consume contracts and employment contracts; on the other hand, in order to respect the choice of parties, the restriction in common contracts reduces. What is more, the principle has surpassed the contract area and expanded to the region of tort, marriage, succession, etc. Although the research of this principle is an old topic, it is still available to. Survey the research on Party Autonomy Principle in different countries, we can find that almost all of the research stay in international contracts field. The research on the expansion of the principle is few, and unspecific, unsystematized, and incomprehensive. Therefore, it is of great worth to know about its origin, development, and legislation in different countries. Then, we can use it more legitimately.The author focuses on the expansion of Party Autonomy Principle in the area of Private International Law. This essay first analyses its concept, its origin, and then introduces its developing tendencies and characters in recent years. There are two parts in the essay; one is in the substantive law, the decrease of restriction in the area of international contracts, and its expansion out of the field of international contracts. The second is in procedural law field, the latest development of consensual jurisdiction. The expansion of Party Autonomy Principle is different in different fields, by analyzing recent legislation of private international law in different countries; the author tries to give some succession to our legislation.