Restatement Of Reservation Of Public Order

Reservation of public order is an important rule used to confine and exclude the application of a foreign law at home and is a tool to protect or guarantee some important or basic interests of a country in a special time, under a special condition, to a special question. It is an important way to protect the interests of the ruling party during its adjusting international civil relationships. Just because reservation of public order has not the control or direction by any unified rules, the judges` discretionary power has enlarged, and the justice and judicial power can be hurt, so that the value of international private law will be reduced and hamper the transaction taking place stably and safely. So it is necessary to re-discuss and restate this rule.One of the preconditions of proper reservation of public order is to define"pubic order"clearly. But it is hard to do this job because of its springy and changeable nature. I just try to make a simple definition about the"pubic order", and follow the trace of development of this rule, then analyze the situation nowadays to find out whether there is any problem in it and if some, that is why. At last, I conceived the idea of judicial control about reservation of public order through the amendment of some substantive law, some conflict rules and some procedural law.