Research On The System Of Public Order

The reservation of public order is one of the oldest rules of the Conflict Laws, which plays important role in limitation and exclusion the adaptation of foreign law. It is called vividly "safety valve" in application of the exclusion of foreign law.International private law of modern nations mostly use this system,In order to maintain the stability of law and public interests. But it is impossible have inform application of standards, people have different undersigning about the reservation of public order,so there are some arguments about he reservation of public order, it is also the most controversial problem. This paper intrudes some theories about it from essence,definition and function, also demonstrates the practice of the reservation of public order from legislation. The author put forward own understanding on the reservation of public order in our country and hope to contribute her own efforts to the adaptation of the reservation of public order. The paper consists of four parts, concerning separately the overview of the reservation of public order,The theories of the reservation of public order,the feature and extension of the reservation of public order,the legislation and practices of the reservation of public order in our country.The first part, the content of which is mainly about the basic definition, has made a brief introduction of the reservation of public order from the essence,function and as for the term of the public order.It obtains both dynamic and static meanings,from the view of the former,it concerns with the great interests or the basic legal and ethic principles of the nation and the society. From the latter, it specifies a certain system in the private international law through which we can exclude the application of the directed foreign laws As far as the function of the system is concerned; it possesses the positive and negative double ones. The second part interdicts several theories about the reservation of public order and comment them in brief. The third part describes the legislation and developing trends of he reservation of public order in some countries. The fourth part demonstrates the legislation and practices of the reservation of public order in China, makes clear the positive attitude towards this system and also reflects the developing condition of the system in China after the analyses of the cases concerning the application of the system in China. On the other hand there are some problems in the reservation of public order. The author has put forward the suggestions in the legislation and practices. To realize the gradual improvements and perfection of the system in China.