Economic Analysis About The Direct Suitable Law Theory And Principle Of Party Autonomy

Different from the typical instrumental law-choosing method of conflict law, the "direct suitable law theory" is very special as a functional law-choosing method; it embodies strong particularity which is rarely seemed in private law. The "direct suitable law theory" has experienced continuously consummation both in theory and practice. Principle of party autonomy is a widely accepted principle of international private intercourse, it has wholly different value-orientation from "directly applicable law", and they're contradicting to each other. "Directly applicable law" and principle of party autonomy should both be applied in legal practice, but should be applied properly.The dissertation applies economic analysis to a certain extent, hoping to make the relationship between them more definite and sure by demonstrative analysis and experiential analysis of economics. From the economic perspective, the dissertation explained the function of law in social operation, using "social costs theory" of new institutional economics to demonstrate the best state legislature. The author also made ethical judgments of market economy, and finally made suggestion on how to apply "directly applicable law" and principle of party autonomy in the environment of market economy.Economic analysis method is prosperous in recent years, it decreased the uncertainty of traditional analysis method, gave explanations of law from a new angle. But legal issues can not be viewed equally as economic issues, further more, economic theories needs to be consummated continuously. Sophisticated and flexible legal issues can not be solved by hidebound researching method. After all, economic analysis has brought vitality to traditional law mythology, so it does have some theoretical and practical significance. Using economic analysis methods does not mean that data model is indispensable. Economic Analysis of Law in conjunction with other methods is the way used by the author in this dissertation.The first part of this dissertation is the basic explanations about "directly applicable law", gave explanation of the social and theoretical backgrounds of its appearance, the relationship of "directly applicable law" and other concepts linked to it, the definition of the concept, and the specific application of it.The second part of this dissertation is about the basic definition of "principle of party autonomy", and the conflicts of "principle of party autonomy" and "directly applicable law" in legal practice.The third part of this dissertation is specific analysis about the relationship between "directly applicable law" and "principle of party autonomy", mainly from the angle of: the goal of law, social cost and efficiency.