The Trend Of The Principle Of Party Autonomy

Autonomy of private law is the basic concept of private law, whichis the core meaning of full respect for the autonomy of the parties. In theprivate International Law it is that the parties concerned can choose theapplicable law freely in international civil and commercial matters.What international private law adjusts is the international privaterelation; its main purpose is to protect the private interests of the partyconcerned. So respect for party autonomy should be the basic idea ofprivate international law. In the traditional international private lawparty autonomy is an important principle of law applicable to contracts,but in recent decades, with the change in people's attitudes and thegrowing complexity of international relations in civil and commercialmatters, the principle of autonomy also applies to a large developmentand changes. To explore the influence of the principle of autonomy inself-related areas of international law applicable in civil and commercialmatters, this paper tries to study the development trend of the autonomyprincipleThe essence of the principle of autonomy of private international law,the election law should be understood as freedom of the parties. That isall normal members of society according to their own rational andreasonable judgment, in the field of civil and commercial matters relatedto foreign businesses. Their right to choose whether it would beapplicable laws should be applied.Private International Law is the traditional meaning of the principleof self-identified an important principle of law applicable to contracts,but in recent decades, with the rapid development of society and theadvent of globalization, the international civil and commercialexchanges have become increasingly frequent. Autonomy has beensignificant development changes today, we examine the trend ofdevelopment in the field of private international law, and the principlehas important theoretical and practical significance. Firstly, we start from the perspective of the basic principles of autonomy, the nature ofthe principle of autonomy. Discussion on the principle of autonomydoctrine, Private International Law is the principle of autonomy on thebasis of some theoretical issues for the preliminary study. Then, that theprinciple of autonomy in the contract: on the one hand, the trend ofdevelopments in the field. In applying this principle to gradually weakenthe restrictions will be allowed to make the choice-of-law changes,implicitly recognizing choice China will no longer limit the scope oflegal contracts with the realities of the law, The choice should beapplicable substantive law and procedural law, but does not includeconflict, the applicable law is not good options, legal; other hand, insome areas of special contracts, If consumer contracts, employmentcontracts, contracts funded system to exclude or limit the application ofthe principle of autonomy. Finally, it examines the meaning of theprinciple of self-lateral development trends, that the principle is nolonger confined to the field of contract, it began to infringement,marriage and the family, inheritance and other areas of infiltration.