The Problems For Evasion Of Law In Private International Law

Legal circumvent (evasion of law) is a private international law in the old system, also known as the law of fraud (fraude ala loi) or "fraudulent established connections" refers to deliberately create a link to the parties, this should be applied to avoid the disadvantage of its laws, so that they have the lie legislation could apply a law or escape from law. In the field of private international law, legal evasion phenomenon occurred from time to time, the impact on the dignity of national laws. And along with the international civil and commercial exchanges become more frequent, and now legal evasion phenomenon has penetrated into every field of private international law, foreign-related civil cases circumvent the laws of the parties arising out of acts of conditions, mainly because of all the political, economic, historical development and social systems are different, so that national laws there is a big difference, often on the same legal facts or legal acts have different or even contrary to the provisions. For legal circumvent the act is illegal, theorists and practitioners in understanding inconsistency on the issue. And we study the problem of evasion of the law, mainly foreign-related civil cases against the avoidance behavior. Based on Private International Law circumvent the legal status, effectiveness, as well as issues such as the value of research, trying to find out scientific avoid dealing with the legal system and methods, from both positive and negative, and be analyzed to clarify the legal system to avoid the value of the existence, but also the existence of the theory of the system flaws and the problems that exist in practice. On this basis, the view of the legal status quo, circumvention of the legal system in China started envisaged, the real to seek advantages and avoid disadvantages, and constantly improve our country's legal system, in order to better for the social development and progress of mankind services.