On The Consummation Of Conflict Rules Of Tout In Our Country

With the development of our society, the traditional principle governing the application of law to the action of the infringement does not adapt to the new society's demands, we should consider this question with new ideas.The choice of applicable law will have entitative and directive influnce to the interest of the parties. The executive of coflict rules in our country, can't realize the essential liabilities of torts any longer, and can't protect the legal rights of paties furthest, the case of tort of a Japanese, happened in 2000 in Beijing, was a specific example . On the basis of concrete analyses of the main theories of choice-of-law rules at present, this article put forward a new theory of conflict rules. We hope that this new theory can reflect the substaintial quality of tort, give balance between the stablility of law and the flexibility of law, and carry out the goal of combine the stablility and flexibility together in choicing the applicable law .