On The Value Orientation Of Conflict Law And Developing Trends Of Conflict Rules

Conflict rules is the indirect adjustment norms to resolve the question that which country's laws should apply to the foreign-related civil and commercial legal relationship,it is an important part of private international law.This article discusses the orientation of the conflict rules under the value influence, especially under the influence of certainty and flexibility of rules, and the conflict between formal justice and substantive justice, these conflicting values lead the conflict norms into a new track of development. The new conflict rules to traditional conflict rules is the "negation of negation" spiral development process, it is in this process, the conflict rules find the balance point in these values, which from the naive to the mature growth. This paper is divided into five parts, each part of the main contents are as follows:The first section outlines the types of conflict rules, as well as conflict of laws characteristic values, conflict of laws reflects the characteristics of standard values, there are two opposing views: one is the law applicable to the pursuit of stability and consistency of the results, requires the fixed and clear conflict rules. Another is to emphasize the proper application of the law and judgments of fairness, requires the flexible specification of conflict. The second part of the paper describes the legal value of the impact of conflicts laws and conflict norms. The flexibility and certainty goals and the forms of justice and real justice is the most important influence that which affect the conflict laws. the traditional Conflict of laws focus on the certainty of the law and the pursuit of formal justice, so the drawback is the lack of universal applicability and flexibility, resulting in the traditional conflict rules in the form of a rigidity and rigid; in content, but also has an empty , blind, hidden, and the characteristics of a single dimension.Article Part III deals with the conflict laws revolution and its results, including the U.S. change of conflict laws and revolution in Europe, the U.S. revolution's main product is the principle of closest connection and principle of autonomy, but the result of excessive emphasis on flexibility has been abused to a certain extent, compared to the radical change of United States, conflict of laws in Europe conducted a robust change by using the "alternative link points" and "flexible link points" and "escape clause" etc. these methodologies refined the conflict of laws.Part IV is also a key part of this article, focuses primarily on conflict of laws and defects of traditional norms, as well as the criticism and transformation of traditional conflict laws from modern conflict norms .the values of conflict laws determine the direction of development of norms, the modern conflict rules stressed the flexibility of application of the law and pursue the fairness judgments, focusing on real justice. Therefore, the conflict rules should be softened, the main methods are: using an open formula type of system; increase the number of links to sites; divide the similar legal relationships into different parts; according to their different natures provides for different link points; using different link points to split the different aspects of the legal relationship.Part V of the paper describes China's current legislation of conflict rules of private international law, our country's conflict rules has drawbacks, urgent need to be improved. the main approaches are: absorb the achievements of revolution in U.S. conflict laws and revolution in Europe selectively, moderately expanse the scope of application of the principle of closest connection; use multi-way links to soften the conflict rules, develop more selective conflict rules; in the new legislation, absorb the new developments of international legislation ; set down the new principles in the field of private international law, such as protecting the interests of the weak party.