On The Protection Of The Interests Of The Weak In Private International Law

When reviewing the development process of Private International Law (PIL), we can find that the conversion of traditional PIL to modern PIL is just from only pursuit of formalistic justice into a balance of formalistic justice and substantial justice. As international civil and commercial activities have been increasing in a rapid speed, there is a growing number of the weak which need law to take special protections in the foreign exchanges in civil and commercial. In order to solve the international disputes to obtain substantial equity, every national legislation and practice of PIL pay more and more attention to protecting the rights of the weak. Under the globalization of the economy, it is necessary and urgent to study how to protect the legitimate rights and the interests of the weak.At present, there is not much systematic study on how to protect the legitimate rights and interests of the weak in China. In this paper, the author use comparative analysis and empirical analysis. The author start the article from basic issues of the weak, analyze the legal basis of protecting the weak, and then outline how the principles of PIL to protect legitimate rights and interests of the weak, and finally put forward some legislation proposals based on the analysis of PIL to protect the weak.The article is divided into four parts, about two thousand words.The first part is mainly about the fundamental issues on the protection of the weak. We should regulate the legal term, such as"the weak", and then the author make a simple summary on the connotation and denotation of the weak, lastly, analyzes the legal characteristics of the weak.The second part analyzes the jurisprudent foundation of the PIL. Based on historical analysis which shows the value of the PIL had changed from formalistic justice into a balance of formalistic justice and substantial justice.The third part outlines the PIL on the protection of the weak performance of the legitimate rights and interests. It is mainly about the basic system and the selection methods of the PIL, involving aspects like the"benefit"principle, the most significant relationship principle, the principle of party autonomy of the will, compulsory regulation and the principle of reservation of public order.The fourth part, firstly the author clarify the protection of legitimate rights and interests of the weak of Chinese legislation situation, describe the general principle and specific application rules from"General Principles of Civil Law"(hereinafter referred to as the"Civil Law"),"Model Law on Private International Law of the PRC"(short for"Model Law"),"Civil Code (Draft)"IX and the newly enacted"PRC Law for Foreign Civil Relations Act"and bring out some advice. Secondly, the author analyses the weak status of legislation of China from the three aspects: foreign contracts, foreign-related infringement and foreign marriage and family. Finally, put some legislative proposals of improvement of PIL to protect the legitimate rights and interests of the weak in China.