The Problems For Evasion Of Law In Private International Law

Evasion phenomenon in Private International Law exists for long time,to safeguard the justice and stateliness of law,more and more countries begin to interdict or limit the Evasion of law in Private International Law.But the countries haven't got a unitive attitude to the effect of Evasion phenomenon.The nature and effect of Evasion phenomenon should be known well,for it means a lot to dealing with extensional cases. The cause of formation,the actuality,the characteristic and the trend of development of evasion of law should also be studied well,thus the cases of evasion of law can be resolved equitably.Social relations will be stable.In judicatory practice,different countries and different law systems usually have different ways to treat evasion of law.Evasion of law is connected with axiology of Private International Law;different countries have different ways to restrict evasion of law,because they all have their own axiology.This thesis analyses some countries' ways for restricting evasion of law.And at the same time,the article puts forward its own viewpoint by using some typical cases.The world is more and more global;evasion phenomenon appears in almost all fields of Private International Law.the Laws of Marriage and the Laws of Contract.In applicable laws of contract,evasion phenomenon isn't useless,but its effectiveness is beyond the applicable laws and parties' will.In fields of the Laws of Marriage,time and public order will influence the case a lot,so the two elements must be considered.At last,this thesis expatiates how to use evasion of law in Private International Law properly in our country.The article analyses some problems exist in our country's laws and judicatory practice,and points out some countermeasures.The article advocates using some regulations in international treaty and accumulated experience from typical cases agilely.Meanwhile the Judge must pay attention to linking the reservation of public order and evasion of law.The thesis inclines to locate the evasion of law the same to the renvoi,characterization, preliminary in Private International Law.