On The Substantial Justice Of China 's Law On The Application Of Law Concerning Foreign - Related Civil Relatives

Content:The development of modern private international law is a process of compromise and mutual impact between the traditional system of rules and the theory of the "conflicts revolution", which presents a trend of integration between conflicts justice and substantive justice. So does PRC Law on Application of Laws to Foreign-related Civil Relations (hereinafter referred to as the Application Law). The conflict law system built by the Application Law is based on conflicts justice, since China is a civil law country. Meanwhile, the Application Law takes example by the approaches born in American conflicts revolution, highlighting the pursuit for material justice. However, the law seems a little conservative. Belongingness rules and tort rules need further amelioration, as well as the application way of the most significant connection principle.This article is composed of four parts except introduction and conclusion.Part I:The divergence and integration between conflicts justice and substantive justice.European traditional private international law pursuit conflicts justice, which claims the predictable value of law and the stability of order of conflict law. American modern conflict law pursuits substantive justice, which focus on the implementation of national policy and the protection of personal substantive rights. However, the development of Private International Law demands for bridging the gap between rules and approaches and thus complementing the interaction of conflicts justice and substantive justice. As expected, Europe began to absorb approaches and America tried to breed new rules.Part Ⅱ:Conflicts justice and substantive justice in the Application Law.The Application Law contains diverse types of multilateral conflicts rules, including belongingness rules, category rules, alternative rules and protective rules. Besides, it absorbs result-oriented approach, through enlarging the scope of autonomy, promoting the most significant connection principle, designing protective rules for the weak and increasing the number of result-oriented rules. No only does the Application Law strengthen conflicts justice, but also highlight the pursuit for substantive justice.Part III:The defect of the Application Law. Legislators have kept trying to enrich law application methods, which are mainly composed of party autonomy and the most significant connection principle in legal practice. However, it seems common that local law is overused. In some extent, it owes to the vagueness of the most significant connection principle in the Application Law. Besides, the options of the points of contact of belongingness rules are limited. The type of particular tort rules needs diversified as well.Part Ⅳ:Suggestions to legislation and legal practice on application of law.Measures should be taken in the following aspects. First, clarify the approach of the most significant connection principle. Second, complete the points of contact in belongingness rules. Third, refine tort rules. Last, minimize the abuse of unilateralism.