On To Limit The Abuse Of Public Order Reservation

With the speeding pace of present international economic integration, the laws and regulations of foreign-related civil and commercial relations are quickly developing in every country. In the field of private international law, the reservation of public order is a significant principle to restrict and exclude the application of foreign laws. If the principle is overused, the normal relations between countries will be affected. Therefore, restricting of an abuse of the reservation of public order has caused the attention of all countries.This article is mainly divided into the following several parts to extend the discussion. In the preface, I analyze the current development of international private law, drawing out the main topic of this essay. In the first part, I analyze the reservation of public order, such as the definition of public order, the historical development, definition, substance, functions, legislations of each country of the system. In the second part, I mainly discuss the abuse of the reservation of public order, including the reasons of the abuse and the analyses of relevant cases. In the third part, I propose some measures to restrict the abuse of the system, such as defining the boundary of public order accurately, ushering in the concept of international public order, not necessarily applying forum laws after the exclusion of foreign laws, and so on. In the process of discussion, I will illustrate my points by relevant case analyses. In the fourth part, I display my outlook of future development of the reservation of public order. In the epilogue, according to the result of the discussion above, I come to a summary of the topic.