On The Issue Of Private International Law On The Weaker Party

Through reviewing the development process of private international law (or"PIL" for short) in 20th century, we may easily find that traditional PIL, whichtakes abstract personality as precondition, formalistic justice as value orientation,has increasingly lost its strong support. Once again, humanism attracts people'sattention, and protection of weak party was brought on agenda, as a result,legislation on conflict rules system based on the thought of protection of weakparty's rights and interests becomes popular.However, it's sad to find that little comprehensive study about this question isdone in present China. Considering that to select proper PIL protection way, andthus establish reasonable legislative system is valuable to perfect PIL basicprinciples, basic system and conflict rules aimed at protecting weak party, theauthor try to make an analysis on the issue ofweak party in PIL.This article is divided into four parts, with a total of over 30000 words.The first part mainly introduces concept and characteristics of weak party, andthen discuss how to confirm the weak party in PIL from 3 aspects, so as to lay afoundation for the following analysis.The second part explore the position of the thought of protecting weak party inPIL. Firstly, defining what basic principles of PIL are. Secondly, based ondefinition of PIL basic principle, the author thinks that principle of protection ofweak party should be brought to the level of PIL basic principle, and then theauthor discuss the necessity that protection of weak party to be taken as PIL basicprinciple.The third part deals with specific application of the thought of protection ofweak party in PIL, involving aspects like most favored law, compulsory regulation,the principle of autonomy of the will, the most significant relationship principle.The fourth part deals with learning from foreign theory and practice based onChinese legislation situation. From design of general principle and specificapplication rules, some advices are brought out on how to carry through thethought of protecting weak party in Chapter 9 of Civil Code draft.