The Tool Nature Of Conflict Rules

The development of science and technology has enriched the people's lifeand shortened the distance between us, which increased the frequency that thepeople deal with the international affairs. The international private law, as a basiclegal form to solute the international trading disputes has flourished and grown up.The conflict law is the soul of the international private law. The people pay moreattention to the purpose value of the conflict law, although it is called "the bridgelaw" and it's the typical applicable method of law. The value realization process ofthe conflict law is dynamic, not only including the purpose value (the intrinsicvalue), but also the tool value (the external value), which depend on each other.The tool value of conflict law embarks fi'om the suitable goal, and emphasizes theusefulness that the conflict law governs the substantial law and the internationalrelations as well as the technical nature of the conflict law. In another word, theconflict law completely do for the substantial law and the international relationsand it has no the intrinsic independent value.This thesis discuss the structure and the characteristic of the conflict law, therelationship of the conflict law and the substantive rule and the special function ofthe conflict law in the international law for the further study the tool value of theconflict law. Meanwhile, the limitation of the conflict law exists for the reason ofthe sovereign and so on. This assay explains how the conflict law is "surmounted"and "dismissed" from two aspects and four circumstances.This thesis contains several parts:Prelude points out the importance of the conflict law for the solution of theinternational private disputes and the erroneous zone that the people apply for theconflict law. We'll know the necessity to study the tool value of the conflict law.PartⅠintroduces the law value system and the tool value. The system of lawvalue is interpreted and then explains the tool value, the purpose value and thedialectical relations between them. It points out that we appraise the legislation ofthe conflict law and apply it depending on the apprehension of the tool valuecorrectly.PartⅡexpounds the structure and the characteristic of the conflict law. Thecharacteristic of the object decides its form of value. First, this part analyzes the unique structure of the conflict law--the special tool characteristic. Second, itanalyzes the nature of the conflict law, for the conflict law is a kind of technicallaw, but not the regulations of law.PartⅢintroduces the tool value of the conflict law for the application,which is the soul of the tool value. First, the conflict law is applied for thesubstantial law as a tool. The conflict law makes the substantial law possible to beapplied in other states. At the same time, the conflict law takes the supplementaland the relief functions for the international unification substantial law. Second, thesubstantial law decides the choice of the attribution. The nature of the substantiallaw decides the choice of the attribution formula. The substantial law also decidesthe explanation and the application of the conflict law.PartⅣexpounds the special utili7ntion of the conflict law in the internationallaw areas, drawing from the relations between the conflict law and theinternational law. This part analyzes the perplexity of the international law as wellas a new behavior that is "activities not banned by international laws" in theinternational responsibility. Then, it depicts the feasibility that the conflict law issuitable for the "activities not banned by international laws".PartⅤdiscusses the limitation of the conflict law based on the tool meaning.The conflict law isn't applied for every international private relation, even thoughit cannot be substituted. The limitation of the conflict law is the inherentcharacteristic, which is objective and we are unable to inevitable The limitation ofthe conflict law appears not only the being "surmounted "before the applicationand the being "dismissed "after being applied. In this part, the text explains theapplicable conditions of the conflict law at first. Then analyzes two kinds of formsof "surmounts"--unify substantial law and directly applicable law, and two kindsof forms of"dismisses" --evasion of law and the public order.The tool value of the conflict law is an important attribute of the intermediarypurpose, always ignored by us. As the international commercial affairs increase,we will use it more and more frequently. Correct understanding the characteristicof conflict law will play great role for the prosperity of market economy in ourcountry and the setup of good international transaction order.