On The Incidental Problem In The International Private Law

Overseas and domestic scholars have obvious differences in character, main composing parts and application of law of incidental problem. And their demonstration angles and solving manners have their own disadvantages and advantages appearing in confusion of legislation and judicure practice and differences of solving ways.Therefore,In order to have the same opinion and provide theoretical base for legislation and judicure practice, we need to stuty the incidental problem further.This article demonstrates the trend of development and relationship between incidental problem and principal problem, it also analyses the developing direction and sovling ways of incidental problem jointing the litigants' right,international civil jurisdiction and judical powers.This article consists of five components. The first component is conception of incidental problem. In this part, author puts forwards the direction on how to solve the incidental problem; The second component is about the incidental's main composing parts .Author analyses the traditional main composing parts and all kinds of opinions about this problem, then demonstrates his own opinion; The third component is analysis and exposition of the location and related theories of the indentical problem .Author analyses its location and relationship among litigants' right,international civil jurisdiction and judical powers and think it deeply ;The fourth component is about application of law problem. In this part, author analyses the traditional solving manners ,new theories on incidental problem and each country's legislation and judicure practice and points out their pros and cons. The last component is conclusion of the whole article. In this part, author raises guiding opinions and concrete solving ways.