On The Conflict Of Private International Law On The Recognition

Classification is one of the most complicated and ambiguousthemes in the field Of private international law. Since Germanjurisconsult Franz Kahn and French jurisconsult Etienne Bartin startedto research classification from the end of 19th century, "classification"has been discussed widely.Just like renvoi, public policy and so on, classification couldimprove legal flexibility. However, the most important reason we payattention to it is that the stage of classification is an inevitable one. Buteach country has its own conception and system in relation to laws, sothat while referring to certain legal field, it would lead to differentresults and affect rights and obligations of parties. To find an optimalmethod, many scholars have put forward different theories to resolveconflict of classification, but the result is not perfect.Furthermore, we only have a few regulations related toclassification in our country's legislation, and this phenomenon havebrought out inconvenience in juridical adjudgement.To find the best resolution to aforementioned problems, this paperconcentrate on the conflicts of classification. In this paper, the authordiscuss some hot issues like definition of classification, scope ofclassification, and criterion of classification, etc.The paper is composed of five parts.The first part of this paper describes origin and meanings of theword of classification, so that readers can understand clearly how it isproposed by scholars. And then, the author explains the narrow-senseand broad-sense of classification, and specifies the scope of it. Beingbase upon aforementioned depiction, the author show that both"category" and "connecting factor" are objects of classification.The second part introduces the conception of conflict ofclassification firstly, and then analyzes the reasons of this phenomenon.The author thinks that legislative policy constitutes the primary factor in one country' international private law.The third part presents traditional ways and current ways ofresolving conflict of classification. By means of comparing thesetheories, the author shows that these theories have both advantage anddisadvantage.The author advance analysis and comparison theory is the bestchoice for resolution of conflict of classification in the forth part of thispaper. In order to support this issue, the author elaborates feasibility andrationality of this theory.In the last part of this paper, the author analyses the conditions ofour country's lawmaking and administration of justice related toclassification. And at last, the author suggests that we should base on thetheory of analysis and comparison theory and perfect our country'slegislation about the problem of classification.