China Private International Law Game Theory Research

At present, China's legislation of private international law mainly takes the chapter mode to regulate the order in the single-article law, which exists many shortcomings, such as incompleteness of the legislative system and structure, fragmentary and unbalanced elements, and so on. It does not adapt to the contemporary legislative codification trend of private international law, but to our own theory and practice. It is necessary to have a further exploration for the legislation of our private international law.Game theory as a theory and method, gains the widespread application and attention in the economic field. But this does not mean that it can only be applied and developed in this area. As a policy-making and strategy theory, the analytical means of Game Theory could be applied to legal research. Specifically to the field of private international law, whether the Game Theory can be applied to the legislation is the most valuable in this thesis.This thesis tried to research legislative value and legislative model of private international law from Game Theory, and on that basis to sum up the legislative value and legislative mode that our private international law should reflect and take. The main analytical method used in the thesis is Game Theory, with a comparative study method and historical research method. The thesis consists of three parts:Part One introduces Game Theory briefly and outlines some of traditional research methods and economic analytical methods of private international law in order to explore and analyze the application of Game Theory to the legislation of private international law. The thesis is intended to introduce the analytical methods of Game Theory.Part two delineates the legislative value from Game Theory's view, summarizes that justice is a goal of interests' game equilibrium and effectiveness prior is a mean to weigh the legislative value of private international law. Then, through the assumption of "prisoners' dilemma" model it analyzes legislative mode of private international law in order to extrapolate code mode is the result of game cooperation.Part three points out two conclusions through analyzing the present state of our private international law, and combining with the enlightenment from the second part: in the legislative value our private international law should focus on both the interests of the country and international interests, and should focus on achieving effective value;in the legislative mode our private international law should take the ideal code model.