"Directly Applicable Law" In Private International Law

The compulsory norms increase day by day, and they are wider and wider in range as the result of government intervention in the economy strengthen, and the arbitrarily elective norms of the private international law are receiving challenge constantly. Now, the theory of "directly applicable law" is one of the most systematic and typical theories in research of compulsory norms. A "directly applicable law" is an imperative provision of law which must be applied to an international relationship irrespective of the law that governs that relationship. It reflect a public policy so commanding that they must be applied even if the general body of law to which they belong is not competent by application of the relevant rule of conflict of laws. It is the imperative nature of such rules that make them applicable.Content and system of private international law are becoming abundant because of "directly applicable law". And it promotes the self-perfect of private international law. Besides conflict law, "directly applicable law" is a new route to settle international relationship. It is a reflection of pluralism in private international law.It is very important to study the theory of "directly applicable law". The legislation, administration of justice and research of private international law in our country will definitely benefit from the study of the theory of "directly applicable law".This article provides a preliminary analysis of primary content of the theory of "directly applicable law". The writer compares "directly applicable law" and other systems.This article comprises four chapters:Chapter one: the summary of the theory of "directly applicable law". This part is the foundation of the whole passage. This chapter mainly discusses the definition, properties and characteristics of "directly applicable law". Such conclusion depends on the study of the formation and development of the theory.Chapter two: compares "directly applicable law" and other systems in private international law. By comparison, the writer tells readers the jurisprudence foundation, social background of the direct application of "directly applicable law" and Sovereignty it reflects through its direct application.Chapter three: this part gives examples of "directly applicable law" in several countries. The writer discusses the administration of justice in a few countries. This part mainly analyses the application of foreign countries' "directly applicable law". By now, scholars have not agreed on this point. Yet, no scholars definitely say "no" to foreign countries' "directly applicable law". Refers to China, there is no exact "directly applicable law".Chapter four: the trend of "directly applicable law". The "directly applicable law" will certainly be more and more important because of the long existence of countries. We should strengthen the study of this theory in our country. We can absorb the advanced experience of the other countries' to keep our country's interest in international relationship.