The Basic Concept Of Renvoi And Construction Of System

Today the world's political, economic and cultural exchanges to deepen, the trend of economic globalization is continuously strengthening. With peace and development have become the world's theme in the international backgound, each country needs to establish a flexible and open new international economic order and accommodate the needs of ecnomic globalization. This caused the basic idea should be ensuing to change, including renvoi, the traditional private international law. This thesis aims to explore renvoi the basic ideology in the new era, and the same time put forward the author's own point about how to build specific conditions of revoi on basis of China's specific national cond.In the first part, we use Forgo case as an example to discuss the system's traditional concept pf renvoi. From the political interests, the law itself, the interests of three different view to analysis the traditional concept of renvoi. And then discuss the different legal scholars'theory to explore the traditional concept of renvoi. And finally we found different national judges always want to use nationallaw because "If one country's subsantive law is not conductive to protcet national interests, the judge will choose another method to protect their own legitimate rights and interests. " Ail in all, the traditional system essentially reflects a tool for safeguarding national interests, but in essence, the traditional renvoi of basic idea is to restrict the application of foreign law and expand the application of national law.In the second part, the paper discusses the basic concept of renvoi in a new era. The nationals of the frequent business ctivities increased, this demand is becoming more urgently. Therefore, the traditional private international law system of renvoi is to "restrict the application of foreign law but expand the applicable of domestic law", this traditional basic idea has been unable to adapt for the needs of today's world of economic development. Now the modern private international law put to use more flexible legal analysis (such as the closest connection principle), through a comparative analysis of specific cases may involve the relevant laws, select those most consilient with fairness and justice case to deal with specific cases. Therefore, fairness and justice has become the basic concept of renvoi, and also the author proceed from Rawls's A Theory of Justice, combined with a balance of interests on how to achieve a specific renvoi system, tha basic concept of fairness and justice.The third section explores to rebuild a modern system of renvoi under the basic concept of fairness and justice. This article focuses on the part,and the discussion is from the legislative renvoi approach, legal status, scope, form, shape,and to overcome the shortcomings of the legislative renvoi system technology,and constructs a kind of new renvoi system, which have the concept of fairness and justice as well as corresponding with China's national conditions. Meanwhile, the part focuses on habitual residence as a link point of conflict rules toimpact the renvoi system, and the judges make rational use of discretion to achieve the concept of renvoi impotance.In conclusion, this thesis focuses on the basic concept of fairness and justice to explore the renvoi system, and how to build a new renvoi system which is fit for China's national conditions. But all of theseare necessary to analyze and design. But because the author's opioion and level, some omissions and shortcomings are inevitable, I urge professors and readers can criticize and correct.