Demand Of Harmony Of Private International Law In Perspective Of Historical Development

If private international law has demand of harmony, demand of harmony can also be said that it comes from the community of human society. This is the first problem which needs to be especially resolved. Overall, private international law reflected and then resulted from the need of human society adjusting progressive, increasingly important, increasingly complex foreign-related civil and commercial relations. Then private international law develops irreversibly with the evolution of the need above. So demand of harmony of private international law must also be based on the above adjustment of the community of human society. This is the second problem which needs to be resolved. At any stage in the long history of the development of private international law, any link between private international law and harmony never raised a due consciousness and rational attention so as to be couched and even immerged in theories of scholars and practice of nations. But the link between them exists indeed. However, when private international law and harmony truly intend autonomously to combine, the spark of theoretical innovation may be gorgeous.This paper is mainly divided into three chapters as follows: Chapter 1 studies the basic theory of harmony.It is true that demand of harmony of private international law must also be based on the above adjustment of the community of human society. But the basic theory of harmony can not be avoided at the same time. Without inspections of the ideological origin of harmony, without study of the basic connotation of harmony, demand of harmony of private international law must have the base of demand but have not any real harmony tracks so that demand of harmony of private international law itself may be a problem that can not be resolved. Well one can naturally imagine the distorted pictures.In the aspect of ideological origin of harmony, China's Confucian Thought and ancient Greece's Pythagoras School Theory provide rich resources for studying the ideological origin of harmony. Firstly, Confucian harmony Thought came from the recognition of the universe. By observing nature Confucian concluded that creation can grow and prosper only if it is harmonious, so Confucian had early a consciousness of harmony between man and nature. Confucian harmony Thought aimed at interpersonal harmony and social harmony. Secondly, Pythagoras School Harmony Theory was connected with the School Theory of number. So, it seems to Pythagoras School that the whole world is overall harmony which is determined by proportional relationships.In the aspect of basic connotation of harmony, the "right and appropriate" is the core and the essence of harmony. As so far as the core meaning is concerned by comparison, the time meaning is time and the law meaning is an approach and the difference meaning is a base and the guideline meaning is a rule.Chapter 2 analyses the origins of harmony of private international law. Firstly, if there is not private international law, there is not demand of harmony of private international law. Well if there is not world harmony, there is not private international law. So world harmony is the premise of both private international law itself and demand of harmony of private international law. In the level of public international law, world harmony performs inevitably harmony of international public relations. Harmony of international public relations is not only the pilot of the development of private international law but also the pilot of the development of demand of harmony of private international law.Secondly, the relations between the origins of demand of harmony of private international law and the presence of private international law are very important. The steps of the origins of the two above are the same. The 13th–14th century ago, when authorities began to adjust foreign-related civil and commercial relations, private international law was also sprouting. That times was the period of the origins of demand of harmony of private international law. Ancient Greek cities concluded conventions which was implementing preliminarily the guideline meaning of harmony in the form of multilateral unification norms. Ancient Rome's"Jus Gentium"adjusted foreign-related civil and commercial relations which was early implementing quietly the core meaning. The period of personal laws was far-sighted by means of the application of foreign legal system which was implementing the difference meaning. Tang law enacted the world's first written norm of conflict-of-law which was implementing the law meaning.Chapter 3 revealed the progressive development of demand of harmony of private international law.Firstly, demand of harmony in the period of doctrine law reproduced the core meaning of harmony. Italy theory of statutes and French theory of statutes and Netherlands theory of statutes all reproduced the time meaning, the law meaning, the difference meaning, the guideline meaning and the core meaning in the new political and economic conditions. New times did not resolutely cut off the historical context of demand of harmony of the origins to the progressive development of private international law, but provide a new arena in which the core meaning was reproduced in a new level.Secondly, demand of harmony in the period of legal law upgraded the core meaning of harmony. Entering the 19th century, the theory of statutes that prospered for 500 years came to the end of history. Then private international law stumbled to the new historical crossroads. New times need upgrading demand of harmony of private international law in a new level. In the aspect of the core meaning of harmony, it considered implementing the "right and appropriate" of harmony from a new perspective and restored the essence of things to the extent possible so that adjusted foreign-related civil and commercial relations near to "right and appropriate". In the aspect of the guideline meaning, it played a role in adjustment control and regulation restrictions of harmony really based on domestic legal system of private international law so that the implementing of the guideline meaning was no more the theoretical guidance of Netherlands theory of statutes like than a kind of something. Thirdly, demand of harmony in the period of legal law was improving the core meaning of harmony. The development of human society has accelerated the trend. At the beginning of the 20th century, particularly after World War II, private international law developed to an unprecedented boom period so that demand of harmony of private international law in the period of legal law continued to further improve the core meaning. In the flourishing background, On the one hand, theories entered into the substance in the process of choosing the applicable law, and paid more attention to the most appropriateness in choosing the applicable law in order to adjust fairly foreign-related civil and commercial relations to reasonableness, and maintain effectively the legitimate rights and interests of client and parties concerned, and then improve the core meaning of harmony from the formal justice to the real justice. On the other hand, domestic private international law gradually moved toward unification in the substantive aspects and the unity movement of private international law continued developing. These two all provided guidelines security of legal aspect for adjusting appropriately foreign-related civil and commercial relations and were all improving the guideline meaning of harmony in legal aspect.To sum up, in the development of the long history, demand of harmony of private international law can attribute the full content to the core point which is finding the most appropriate law step by step from the basic connotation of harmony such as the time meaning, the law meaning, the difference meaning, the guideline meaning and the core meaning, and choosing the most appropriate application of the law in order to adjust appropriately foreign-related civil and commercial relations and maintain fairly the legitimate rights and interests of client and then achieve the ideal harmonious state of all aspects.