On The Principle Of Protecting The Weak In The Application Of Law Concerning Foreign Contracts

With the development and change of international politics,economics and culture,and also with the revival of "Humanism" and the strengthen of national will, the application of laws is adjusting as well.It shows great concern on the weak party when comes to the reasonable limitation of autonomy of party's will and the scientific definition of most close related place.Protecting weak party's interests is emphasized as a new basic principle of International Private Law.Many countries become to legislating conflict rules based on protecting the weak party,and mainly focus on the field of International Consumption Contract,International Labor Contract and International Insurance Contract.In our country,there are not many systematic discussions on the issues of protecting weak party's interests with International Private Law.Thus,the author tries to analyze and summarize the practice of this principle so as to boost the research and practice of legislation of conflict rules of application of law concerning foreign contracts.This paper includes four Chapters,with a total of more than 30,000 words.The First Chapter explains basic problems of the weak party,introduces the definition and characteristic of the "weak party" and the history of "the principle of protecting the weak party" and defining them under the International Private Law.The Second Chapter includes four parts,successively analyze the protection of the weak party under the application of law concerning about foreign contracts.Its content mainly includes the principle of party autonomy,principle of proximate connection,peremptory norm of direct application and reservation of public order.The Third Chapter systematically introduces the practice of the principle of protecting the weak party in the application of law in international consumption contracts,international labor contracts and international insurance contracts and summarized the legislation situation and development trend of these three areas.The Fourth Chapter analyzes the current legislation situation and the weak party in the International Private Law in our country,then gives advice on how to consummate the relevant legislation issues on the principle of protecting the weak party in the application of law concerning about foreign contracts.