On The " Directly Applicable Law "

"loid' application immediate" has already become a fact of the mostargumentative issues of the International private law currently, although it hasbeen put forward formally as a legal conception only several decades before. Butcompared with the other categories in the International private law, some relativetheories seem to be immature. So take a proper concern and study of such issuesthereupon should be necessary. In the aspect of theoretic, this article proceededwith the origin of the "loid' application immediate", with the method ofcomparison and analysis, clarifying the whole figure of the "loid' applicationimmediate" from its "outer circle", and open out its nature and characteristic. Thencommenced from the actual level, on the basis of introducing and analyzing thejuridical and arbitration practice when a country applies its own rules or "loid'application immediate" of other countries, summarized the experiences anddistinguished gains or losses. It also brought forward some suggestions to thedevelopment and consummation of "loid' application immediate" in our country.Finally, combining with the multi-existence background of the theory ofuniformity-trend and the thought of upper-modernism, the article make acollectivity appraisement and future expectation of the "loid' applicationimmediate".ChapterⅠis mainly about the basic theories problem of the "loid' applicationimmediate", this chapter takes the origin of the "loid' application immediate" as tolead, attempts to circle this basic theories problem after recommending the contentand trope of the concept. Whereafter introduced the characteristic and the normstructure of the "loid' application immediate", thereupon establish a logicfoundation for expanding its nature infra. Finally it analyzes nature of the "loid'application immediate" from three different angles of the public law and privatelaw, the conflict law and substantial law and the method of direct regulation andthe method of indirect regulation.ChapterⅡis comparison research with related theory problem. It is also a textualpoint and a outspread of chapter I. On the bird view of the International private law,the writer tries to compare the "loid' application immediate" with public order, the other rules of International private law, unilateral methods and the rule of meaningautonomy etc., in order to further definitude its connotation and nature.ChapterⅢintroduced the influence of the "loid' application immediate" versusthe juridical and the international commercial arbitrament, it is the whereaboutsthat the important discusses to the point of the actual operation level. By analyzingthe bifurcation of the solum "loid' application immediate", quasi "loid' applicationimmediate" and the "loid' application immediate" of the third party in the practiceapplication, the writer presents a rational resolution. And also considered thepractice of the "loid' application immediate" in legislation and judicature, the writeranalyzed the weak points and tabled some proposals.ChapterⅣis a textual conclusion part. On the basis of the multi-existencebackground of the theory of uniformity-trend and the thought of upper-modernism,it forecasts the probably trends of the "loid' application immediate". Then itpoints out the status and functions of the the "loid' application immediate", andfinally make a appraisement to it an a whole.