A Study On The Application Of Public Order System In China 's Private International Law

Private international law, as an important rule in maintaining the order of civil and commercial exchanges between countries, is playing an increasingly important role in international affairs. The application of law in foreign-related cases is the most significant issue of private international law. Choosing the applicable law according to the rules of private international law can solve most legal disputes. But sometimes there will be violation of the intent of the legislature and the judiciary. As a means to protect the interests of states, the reservation of public order is valuable.The reservation of public order is an ancient and important principle of private international law. It is a legal basis for the court to exclude the applicability of foreign law while adjusting foreign-related civil and commercial legal nexus on the basis of domestic conflict rules. For foreign law in conflict with domestic vital interests, fundamental principles of morality and law, the court may invoke the public order system to exclude its application to safeguard the social public interests of the country. With the deepening of the international civil and commercial exchanges, the legal conflicts between countries are also developed. The public order system plays an increasingly important role in the settlement of international disputes. The research on public order has a wealth theoretical results, and generally established in the legislation of many countries. But in the judicial practice, public order system is playing a double-edged sword due to its uncertainty and fuzziness. There has been controversy in the academic community about the essence and the application of public order system. Under this background, the research on public order system becomes essential.This article is divided into four parts. The first chapter describes the evolution of public order system from the development of theory and legislation. The second chapter compared the specific applicable of public order system in various countries’application of law. The third chapter is the core part of this paper. In this chapter, from two aspects of the current situation of legislation and judicial practice, the present situation of the application of public order system in private international law of China and the problems that should be paid attention to are analyzed. The last chapter elaborates the characteristics of public order system and its development trend in application.