Study Of Conflict Rules In The Conflict Field Of Asia

With the tendency of the economic globalization and the rapid development of civil and commercial relations, the cooperation of Asian countries seeps every aspect of the economic life. As the regulator and lubricants of the civil and commercial relations, the private international law is playing more and more important roles. In view of the various remarkable tendencies, the codification of the private international law is necessary. Meanwhile, the Asian countries'private international law mutually absorbs and penetrates, thus, the legislation of the private international law presents the tendency of assimilation. Besides, in order to adapt to the complexion of the international trading relationship, soften the connecting factors and increasing the flexibility of the law choice becomes the legislation of the private international law's mainstream.This article is divided into four parts. It concentrates on conflict rules starting by analyzing the background and reviews the traditional theory of the Asian countries' conflict rules in contract field, then compares the history and tendencies of it, in order to summarize the common features of the Asian countries'conflictruls in contract field, and to propose the necessities of China's conflict rules in contract field's legislation. It unified "the People's Republic of China Civil Law (Draft)" and "The Regulations of the Supreme People's Court on Issues Concerning the Application of Law in Adjudication Cases of Disputes over Foreign-related Civil or Commercial Contracts" in 1997. On the basis of referencing the other Asian countries'conflict rules study in contract field, it proposed the constructive suggestions to "the People's Republic of China Civil Law (Draft)" legislation from autonomous, the closest connection to the characteristic performance. This is the main subject and meaning of this article.We believe that we must reference the other Asian countries'common practice of conflict rules in contract field to promote China's law legislation in this area, so as to integrate the international common practice and build a good legal environment for our country. And it will benefit the flourish of the civil and commercial relations, especially in the contract field.