Forcibly Rules Applicable To International Commercial Contract Law

The role of mandatory rules in civil litigation is an issue that has excited much attention in the private international law academy. As we know, Party autonomy has long been the primary rule when determining the law of a particular country or sovereignty to govern the contract that involves two or more jurisdictions. On its face, it seems absolutely that the freedom of the parties ought to be recognized when determining applicable law to which the parties are willing to be subject through either a choice of law clause in the contract or the parties' preference. But in fact, since it was introduced in the sixteenth century, Party autonomy has been the unity of freedom and restriction and Mandatory rules is one of the major restrictions. In order to better protects an important public policy, Party autonomy may yield to Mandatory rules of the forum is uncontroversial, and the doctrine of mandatory rules, to the extent that it simply reflects this reality, unobjectionable.Since the problem of ascertaining the lex causae is more perplexing in the case of contracts than in almost any other topic, thus this article will focus on the limitation of the Party autonomy entailed from the Mandatory rules. Also this paper intends to analyze the concept of Mandatory rules, discuss its merits and flaws, compares the current Chinese conflict rules with those in the other countries, and explores room for future improvement.