The Integration Of The Justice Of Conflict Law

Since the 20th century, as international civil and commercial exchanges become more frequent and deeper,the Conflict law encounter a Development problem. How to achieve both Conflicts justice and Material justice and The Conflict law development direction becomes the focal point that the Conflict law scholar discusses. With regard to the justice of Conflict law, the following two questions have been disputing most: 1.If the Conflict law can integrate Conflicts justice and Material justice; 2.Under the trend of globalization, in which way, the Taoist temple of the justice of conflict law will continue developing down. Because the justice of law normally be classified as Conflicts justice and Material justice. Therefore, as to study above two problems, we must first understand what is"Conflicts justice"and so as to"Material justice". The authors believe that "Material justice" by no means equivalent to "individual cases of justice", it is a concept of justice that happened in international exchanges of interests. Part III will carry out this above viewpoint. The article begins with a historical method of analysis to restate the way that justice of Conflict law accompanying conflict law developing. And we will find the answer to the above two issues—Conflict law can integrate Conflicts justice and Material justice, and the integration is the developing trend that the justice of conflict law justice observes. Then the Part II will make use of the logic analysis method, including inductive logic and deductive logic methods to prove the conclusions reached in PartⅠ. - The traditional justice of Conflict law just Tendentious pursue conflict justice by no means that it is only pays attention to the conflict justice. The contemporary Conflict law is also precisely to traditional law of conflict just view developing the good and discard the bad. This partⅢuses the social analysis method, Comparing Currie's "governmental interest analysis" and Kegel's "interest analysis." The author first make use of "recognition - Definition - Classification," three-step analysis, through summarizes them regarding the benefit classification, further analyzes their interests prevail in order for the consideration of a deep understanding of "government interest analysis" and "interest analysis". Then in this final part author expands the "pendulum model"—the Integration of the justice of Conflict law must take"the national interest"as a basic point, and give priority to someone by take a Considering various of"smallest conflict benefit". Because the author will approve the Currie's viewpoint—there will be some inevitable conflict between the different types of interests, but when they conflict, there will be only one benefit realized remain. Of course, considered author's academic level is limited, this theory is merely one makes some sense the analogy, but it also gave the author great benefit. Therefore, while the last part of this article is in understanding that the justice of Conflict law's trends is the integration of"Conflicts justice"and"Material justice", combining understanding on the Material justice, under the premise of understood "pendulum model", make use of Economics of Law to find the specific method of "How to integration" from such as"Softening""Characterization","Reservation of Public Order",which one is Minimum cost and Most effective.