Reservation Of Public Order In Private International Law

Reservation of public order, as one of the oldest international private law, has played a vital role in the coordinate system of the relationship of international private law. But for a long time, the reservation of public order has been stayed in the study of legal phenomena and interpretation of the law itself. To a certain extent, It shackled the intellectual community to make deeper study for the essential and the value of the system. And it was simply impossible to retain the system on the development of public order more clearly to grasp. Traditional theory holds that the role of public order reservation system is by restricting the foreign law applicable in the State of the State Court and then to protect "public order" purposes, and the current research continues to expand more on this theme. But essentially, this system is worth far more than that, in deeper than that for which it is used as a flexible mechanism that prevents conflicts of citizen of private law rose to national conflicts. It is precisely because the existence of such a mechanism that makes the fact that refuse to apply foreign law appears "reasonable and legitimate", and avoids the too much criticism between countries.In order to provide a multi-perspective research platform for the study of the system of public order, this paper is divided into four parts besides the introduction and conclusion, to analyze and comb the public's origin, institutional change, value, status,trend and so on, with a historical view and social analysis of logic method. The first part analysis how the system of public order reservation grow in different historical background and evolved into today's familiar public order from the angle of the historical development; the second section from the view of law philosophy studies the meaning and value orientation of public order reservation; the third part derives useful experience by the comparison of the domestic and foreign theorise of public order; part four was on the basis of confirming the meaning of the system on practice and philosophy of law to look forward to the bright future. Hoping this paper can keep the system help in the future.