Value Orientation And The Law Of Conflict Of Laws To Circumvent

The evasion of law is the traditional theory question of private international law. With the increase of modem civil-commercial communication, evasion of law had invaded every comer of civil and commercial law. Different countries have different attitudes towards it because of different value orientation of conflict law. Common law countries always don't ban evasion of law in defense of value orientation of parties' freedom. Continent law countries always ban evasion of law in defense of value orientation of law's justness and order. There are not any demonstrable regulations on this question in China now. Only the judicial interpretation establishes the principle of evading our law, but the effectiveness of foreign law has not been mentioned Part IX of the Civil Code draft also doesn't regulate evasion of law as an independent system, and prohibits that the parties evade mandatory or prohibitory regulations of our country in the part of effectiveness of marriage.This dissertation will discuss the rationality of banning evasion of law and analyze it accords with conflict law's value of fair, order, freedom and the legal basis of banning foreign law. And then it puts forward the proposals on improving banning evasion of law system in private international law legislation.This dissertation makes a brief description of conflict law's values in the preamble and points out that the divarications about banning evasion of law of different countries root from different values. This dissertation will be divided into four parts.Firstly, from analyzing the fair value of the conflict law, this dissertation clarifies procedural justice and substantive justice that are the double helix structure of private international law in essence, and banning evasion of law accords with them. Because parties deliberately creating or changing the corresponding fact factors of connecting point in conflict criterions for evading the law that should be applied and applying the beneficial law will breach the determination, oneness, predictability and the principle of best trust in application of lawSecondly, form the indirect adjustable functions and ensuring the...