The Just Value Of The Private International Law

All the times, justice has been the goal people persisting in pursuingand the motion of people's behavior. But what is justice? It looks like aProtean's face, which makes us confused. Law coming into being is apioneering work in the human history, because it vigorously acceleratesthe course of culture development. Since law presented itself, it has beenconnected with justice. Justice is not only the value orientation oflegislation, but also the standard of evaluating that law is whether goodor evil. What is more, justice is the reason of innovation of renovators.In the course of economic globalization, the international private law, asa basic means regulating oversea civil and business relations, is anecessary member in the "law family". Certainly, the internationalprivate law should comes into being the "just" distribution means ofprotecting international civil and business legal relation and regulatingdissensions in international civil and business relations. At the sametime, the conflict norms, as the representative norm of the internationalprivate law, because of its special manifestation and structurecharacteristic, express justice specially. With the development of thescience, technology and economy, the area and space of peopleaffiliating with each other has improved largely. It is the inescapableresponsibility of every scholar studying international private law thatprobing into the value of justice of the international private law and thedevelopment direction of the international private law leaded by thevalue of justice.In this essay, there are five parts totally.The first part is the generality of the international private law justice.In this part, first of all, I introduce the justice ideas put forward by Plato,Aristotle and John Rawls. Next, I put the value of justice into theinternational private law which is special area and analyze the twospecial manifestations of justice in the international private law which areconflict justice and substantive justice. These two manifestations ofjustice not only collide with each other, but also depend on each other. The second part is the justice basis of the traditional internationalprivate law which is conflict justice. At first, according to thedevelopment of history, this assay analyzes the conflict justicedevelopment and specific manifestation in the beginning stage, thestatute theory, the sitz of legal relationship theory and comments themerits and demerits of conflict justice. Then, the assay points out thatbecause conflict justice emphasizes applying law consistently, stablyand foreseeingly, different legal subjects have the same legal status,which is justice. But because of rigidity of conflict justice, all differentcases apply the same standard that dose not exist in complicated sociallife. This leads that the consistency emphasized by conflict justice cannot come true in a way.The third part is justice claim of modern international private lawwhich is substantive justice. Because of the demerits of conflict justicementioned above, as law move continuously towards social standard, itis necessary that conflict law revolution break out. This essay discussesthe logic precondition of traditional international private law losing, thepriority idea renovating, and thoughts of law changing. As society andthe international private law develop, the justice of the internationalprivate justice cannot but changed. And then, I assess the conflict of lawrevolution that although the theories established in the conflict of lawrevolution are benefit for the realization of substantive justice, therewere some con-influences. Consequently, in the evening of the conflictof law revolution, learners came to consider how to combine conflictjustice and substantial justice.The forth part is the development of the justice of the contemporaryinternational private law, which is harmonization and development ofconflict justice and substantial justice. The change of justice leaded tochange of the international private law system. I analyze development ofthe most important contact theory, expansion of autonomy of will rule,substantial orientation of the conflict rules, and identity of internationalprivate law. The last part comes to conclusion that at present, the internationalprivate law of our county is in change. Consequently, cognizingcorrectly the development orientation and its system requirement of theinternational private law is very important to the cultivation of thesocialist legality and the link with international practice.