Study Of The Properties Of The Procedural Law Of The Conflict Of Laws

As one of the basic theoretical problems in private international law, the nature of conflict law has been debated about for long. Generally speaking, scholars hold three different viewpoints: some deem it substantial law, some regard it as procedural law; and the others think it "a third rule" which is independent of the former two. In the author's opinion, the nature of department law cannot be covered by its characteristic, since characteristic is just a facet of nature. As for conflict law, it cannot be deemed to be a procedural law, nor can we deny its characteristic of procedural law. The full understanding about it is of great importance when catching on the value orientation of conflict law and exerting its effect; and realizing its function, as well.The thesis is composed of four parts.Part I: The historical analysis on the economic foundation of conflict law. In this part, the author firstly reviews the changes of society from the germination of conflict law to its later development, and analyzes the economic situation in which the demand for conflict law emerges, and how the conflict law, as superstructure, meets that demand. Then, a conclusion is drawn that the development of conflict law and economy are simultaneous. Since there is no unified substantial law, conflict law has to work as a procedural rule of law-choice in order to assure the final judgment can be accepted. Its characteristic of procedural law is determined by the economic foundation.Part II: The analysis on the procedural law characteristic of conflict law. There are three sections in this part: In the first section, we try to explain the law-choice process as a procedure, for it is independent of the distribution of substantial rights...