The Application Of China 's "Directly Applicable Law"

The concept of “Rules of Immediate Application" was firstly illustrated in the private international law.by Francesca in 1915,but this rules developed more slowly in China.On the behalf of the legislation,Both“The Law of the Application of Law for Foreign-related Civil Relations of People’s Republic of China” and the first judicial explanations about this Law described this rues.On the behalf of the judicial practice, judges has a lot of difficult in applying this rules.Therefore,in the field of theory,many professors has explained this rules subtly,such as professor Li Haopei,professor Han Deipei and Xiao Yongping.They spend much time and energy illustrating this perplexing problems.This paper illustrates “Rules of Immediate Application”by all the theories all over the world and our Chinese judicial practice.Considering the framework of this article, first,the writer has showed the concept of such rules including its history, definitions and constrict between such rule and other theories in the conflict law. Second,,the author has highlighted the legislation of such rules,which was consisted of two sections. Third,the author has illustrated the limits of this theory in domestic from the perspective of China’s legislation and judicial practice,then put forward some effective and efficient measures to improve such rules.