Research On Protection Of The Weak Interest In Legal Application Of International Contracts

In the context of economic globalization, international economic and trade exchanges become frequency, international contracts also increased manifold. The problem of protect the weak-side parties in international contracts gaining more importance. Taking a panoramic view of concerning foreign contracts of private international law legislation in many countries, to give preferential protection legislation for the weak party in consumer contracts, employment contracts, insurance contracts and other contracts, which has become the new trend of trends in private international law legislation. As compared to China's concerning foreign contracts legislation on international contracts, there is a big defect in the interests of protecting the weak, which need to be focusing on perfecting. In this paper, to comparative analysis of the status of the legislation of foreign private international law on international contracts to protect the interests of the weak, hopes to learn some advanced experiences from foreign legislation,to give some related proposal to benefit China's concerning foreign contracts legislation. First of all, this article using comparative analysis method, through introduce the provisions to protect the weak of relevant national legislation and international conventions, comparative analysis of the differences between them, come to their advantages and weaknesses, then summed up the current trend of protects the weak in international legislation. Secondly, used the method of integrating theory with practice, to inspect in the absence of the weak interest protection in China's concerning foreign contracts, according to the defects analyze of the reasons.At last, made sound recommendations for its defects.At present, the problem of protecting the weak in private international law become the new hot research spot, a number of scholars from aspects to research it, have made considerable progress. But small number of scholars research on the weak protection of international contracts.Most of research on protection of the weak in international contracts scattered in the macro discussion on protection of weak in private international law, give protection of the weak interest in international contracts a simple mention when specific discussion of protect the weak in changes value orientation of private international law, principle of potect weak interest, public order reservation system, mandatory rules, conflict rules legislative.Furthermore, although some scholars study on protection of the weak interest in legal application of consumer contracts and labor contracts, but only limited to consumer contracts and labor contracts, there is little in-depth and systematic research on protection of the weak interest in international contracts. This paper, for concerning foreign contracts status of the legislative in China to make a systematic study on protection of the weak interest in international contracts, make a in-depth analysis on protect weak-side parties in the typical international contracts, such as consumer contracts, employment contracts, insurance contracts and technology transfer contracts, has certain innovative. Articles comparative analysis of the protection of the weak theory and legislative practice in the field of international contracts in the domestic and international legislation, suggest adhere to the principles of protect weak interest in concerning foreign contracts of China, limit the principles of autonomy necessary,in the basic system principles and typical dimensions of a specific contract legislation. In specific terms of design, to establish the model which based on protective rules multilateral conflict rules supplement the mandatory provision,put "protecting the weak law "As the primary classification inquiry formula, give the specific provisions of contracts designed to international consumer contracts, international employment contracts, international insurance contracts and international technology transfer contracts, achieve the purpose of protection of the weak, maintaining fair of contract.Accordingly, the thesis is divided into three chapters, the main contents are as follows:Introduction briefly introduces the status of research on protection of the weak interest in international contracts and pointed out defects that protection of the weak interest in China's concerning foreign contracts legislation, as well as the purpose and significance of this paper.The first chapter is a summarized about the protection of the weak in international contracts. Below introduce weak definition and characteristics in the private international law and international contracts, an overview of the principles of protecting the weak in private international law. Then, paper discussing the importance and necessity for protecting the weak interests in international contracts.Chapter two introduce the mode of protection the weak, applicable law rules of the international contracts, practice and theory on the typical international contracts which existence of weak party in foreign and international legislation. First of all, introduce the general principles of legal application of international contracts. Secondly, by the legislation of the United States, Switzerland and the "Rome Convention" as a typical representative analysis mode of protect the weak the International Contract, the conclusion that present general law applicable rules in international contracts to protect the weak. Then, paper respectively explain foreign legislation on the protection of the weak provisions about international consumer contracts, employment contracts, insurance contracts, technology transfer, and to compare countries on its strengths and weaknesses, reached the current legislative trends and learn some advanced experiences.Chapter three is targeted at provisions deficiency of protecting the weak in China's concerning foreign contracts legislation to put forward the relevant comprehensive proposals. Firstly, introduced the defects in China's current concerning foreign contracts legislation to protect the interests of the weak and analyzed its causes. Then, drawing on advanced experiences from foreign countries, give a few recommendations from:on the basis of the legislation of China's concerning foreign contracts for establish the principles of protect weak interest as basic principles, limit the principles of autonomy, to establish the model which based on protective rules multilateral conflict rules supplement the mandatory provision, and put "protecting the weak law "As the primary classification inquiry formula in designed to regulate the conflict rules. At last, put forward some specific recommendations on typical contracts with weaker party.