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

The weak is the inevitable product of human social development. As the international economic exchanges become more frequent, in the foreign civil and commercial exchanges have also emerged more and more weak with a specific identity, who need for special protection of the law. As the same time, along with the orientation of private international law shifts from formalistic justice to substantial justice, private international law in various countries having legislation to protect the interests of the weak in particular. Currently, giving special protection to the interests of the weak seems to have become one of the development trends of the contemporary private international law. Although China's international private law reflects special attention and protection on the interests of the weak to some extent, but compared to the advanced international legislation, also need further improvement.This article is divided into four parts, a total of thirty thousand words. The first chapter introduces the development progress of the weak protection system in the field of private international law, and then discusses the definition of "weak" in the field of private international law both from content and scope of "weak". On this basis, author raises three legal characteristics of the weak, and analyzes the causes of the weak in further. The second chapter analyzes the necessity of the protection to the interests of the weak in private international law from multiple angles, such as private international law's value pursuit of substantial justice and humane care, balance of interests and building a harmonious international society. The third chapter sorts out and analyzes the present legislative situation about the protection on the interests of the weak and shortcomings in our country's private international law. The fourth chapter points out the problem which should be noted in the process of improving the legislation of our country's private international law that protecting the interests of the weak and put forward some immature views and suggestions both from basic principles and conflict rules, based on in-depth studying and analyzing other countries'legislations.