Development On The Legislation Of Private International Law And Its Enlightenment To China

With the tendency of the economic globalization, the private international law is playing more and more important roles. Many remarkable development tendencies are worth our interest. Nowadays, the cooperation of various countries seeps every aspect of the economic life, so the subject of the private international law breaks through person's status and the real right relations and expands to the international investment, technical transfer and so on. Inevitably, it requires an integral style and content, so the codification of the private international law is necessary. Meanwhile, the different countries' private international law mutually absorbs. Domestic laws contain more and more contents of the international conventions and customs. Thus, the legislation of the private international law presents the tendency of assimilation. Besides, legislation of the private international law needs to soften the connecting factors and increase the flexibility of the law choice to adapt to the complexion of the international trading relationship. The personal laws is directly connects with the doctrine of the most significant relationship, and the use of "the regularly inhabited area" finished the opposition of the two legal systems. Furthermore, the protection of the weak has manifested the value of fair just which is pursued by the private international law.This article concentrates on conflict of laws, analyses the background of the modern private international law and reviews the traditional theory of it, in order to summarize the new tendency of the modern private international law. The aim is to propose the constructive suggestions to China's private international law legislation. This part unified "the People's Republic of China Private International Law Demonstration Law" and "the People's Republic of China Civil Law (Draft)" and suggests that China's private international law legislation has to hasten the assimilation, the codification, the softening process, the protection of the weak, the perfect of personal laws and the enlightenment of contract and tort law. We believe that we must refer to the new tendency of the private international law to promote China's private international law legislation, so as to build a good legal environment for our country.