To Protect The Weak Conflict Of Interest Rules

The function of interest protection is an inherent property of the law. With the ideas about justice changing, the standards about justice, protecting means of justice, and intending state of protection are also changing. Based on the standpoint that choice-of-law rules about the protection for the weak are embodiments of substantial justice, the author analyses systematically choice-of-law rules which embody substantial justice in the field of private international law and strives to put forward some plain assumptions considering the reality in our country. This article involves choice-of-law rules only because of space.In the field of private international law, those choice-of-law rules protecting the interests of the weak didn't come into being until latter day, their theoretical studies and improving legislation are progressing with the notions of justice shifting from formalistic justice to substantial justice. The weak in the domain of private international law refers to the party in the should-be equal civil and commercial relations, who is powerless or disadvantaged because of wide gap of strength between the two parties or unfair competitive advantages of the other party. The interests of the weak are more uncertain because of its relations with foreign elements, which makes them need more special attention from the theoreticians. As is concluded from the materials collected, although there have been some studies on the choice-of-law rules about the protection for the weak in our country, few of them are explored systematically. As a result, the author strives to take a systematical analysis about such choice-of-law rules, intending to spread the opinion of substantial justice, which shall propel researches and legislation of choice-of-law rules in our country.This article consists of three parts, altogether over 30,000 words. The first part emphasizes on the origin and development of choice-of-law rules about the protection for the weak. The article analyzes that the choice-of-law rules about the protection for the weak are the outcome of the notion of substantial justice first, then it explains the differences between the choice-of-law rules about the...