The Modernization Of The Conflict Rules

Compare to the 19th century, the conflict of law has experienced a tough process in 20th century .In the middle of 20th century ,it encounter a crisis from the"U.S. revolution of the conflict of law".The traditional rules of conflict-of-law was criticized thoroughly by the legal realism of the United States, The critic was focus on in its doctrinal basis , the form and content. To solve this problem , The private international law have make an effort to change its form and content. The interaction between the traditional theory and the revolutionary theory have comprise in the contemporary rules of conflict-of-law.After this process, the conflict law make a new appearance, it have changed its traditional direction. Contrast to the traditional conflict law ,we call this process "the modernization of the conflict law." This article is try to stretch the nature and the characteristic of the "modernization ". For our purpose, it is very import to note that investigate the development has a very significant value for the Chinese private International law. the 40,000-word article is divided into four parts.Part Ⅰ investigate the characteristic of "the modernization of the conflict law." We choose three aspect to analysis the form, the content and its approach. In the form, it comprise the "rule " and "approach" to balance reality and uniformity .In its methods , it shows a scene of pluralism. And in its content , it has a very strong trend that the contemporary rules of conflict-of -law is developing to "rule-orient " direction . comprised these analysis, we could make a conclusion that the modern conflict law is try to achieve the balance between the "order" and the "justice", that compose the sprit of "the modernization of the conflict law".Part Ⅱ analyze the incentive of the"the modernization of the conflict law."The basic incentive is the economic development, the "revolution ofthe science" in 20th century changed the relation among the society ,it require a new legal system of private International law .In another aspect, the culture have a strong influence on the development of conflict law.And the modern jurisprudence provide theoretical resources for the "the modernization of the conflict law".Part III deal with the path to reach the "the modernization of the conflict law." We begin with the "Point of Contact", it have been deeply extended in the process of modernization. In the mean time, it should emphasis the power of arbitration. At last, we discuss the general issues of conflict of law. it have a different statue in a new conflict law system.Part IV digs into the legal rules of china in the conflict of law. we make conclusion that the best way to modernize conflict law is establish a scientific rules, we put focus on three aspect :the Contracts, the Torts, Marriage and family ,We give the suggestions for the the modernization of the China conflict law.