Study On The Doctrine Of The Most Significant Relationship Application In’the Law Of The Application Of Law For Foreign-related Civil Relations’

Along with the increasingly frequent of international communications, the several national interests might be involved in the same legal relationship, So application an applicable law of adjusting to the legal relationship is also become increasingly complex. It is particularly important to exactly use the country’s law to solve the conflict of laws to achieve the Objectivity and Fairness of the case results. The evoluation of the Doctrine of the Most Significant Relationship fundamental solve this problem. It inherits the accurate characteristic of the traditional method of choosing the applicable law, at the same time its own the characteristic of flexible achieves choosing the law scientific and reasonably. The Doctrine of the Most Significant Relationship is an important theory in current private international law. It has been more and more appreciated and adopted throughout the world. At present, this principle is applied to the part of the legislation in our country, it has the characteristics of a wide application fields, a various of forms and the combination of principle and flexibility. This principle is also applied to’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’. But the author considers that the applications of articles have some problems. In addition that the foreign-related infringement in’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’dose not cover the Doctrine of the Most Significant Relationship, it applied the rule of’Place of Wrong’as a single link point to solve the conflict of laws. The author thinks that this condition is unreasonable in judicial practice. These deficiencies analyzed and discussed are very fresh issues. Firstly the author expect to introduce the application of The Doctrine of the Most Significant Relationship a number of countries’legislations by contrasting and analyzing, and then analyzes the principle’s applicable characteristics in our country that reflect their defects by contrasting, the next deeply analyses some articles which applies this principle in’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’and then uses the above defects to foresee the possible problems in this new law. In the end, raises some improving Suggestions by combining the practice of the other countries with actual situations of the judicial practice with the methods of linking theory with practice.Structurally, this paper is divided into five parts excepted abstract and introduction.The first chapter includes an over views of the Doctrine of the Most Significant Relationship, introduces respectively about the concept, historical evolution and fundamental cause of this principle, especially focuses on introducing the characteristic and detailed analyzing the values of this principle.The second chapter mainly introduces the legislative mode of the Doctrine of the Most Significant Relationship in several countries. The author introduces the different legislative position in different countries, for example by Austria, Turkey and Russia, then introduced the Doctrine of the Most Significant Relationship applied in the specific field of foreign countries. The next the author introduces this principles’ application mode in the Continental Law, British&US Law and ’United Nations Convention on Contracts for the International Sale of Goods’. The author expects to analysis its own deficiencies of this principle by explaining the above three points, and then detailed introduces the limitations of the application about principles in some legislation.The third chapter comprehensively analyzes the applicable characteristics of the Doctrine of the Most Significant Relationship by introducing the Doctrine of the Most Significant Relationship’s scope and forms of the application, and then the author mainly introduces the specific applicable condition in ’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’.The fourth chapter of the paper foresees some questions by which analyzes the Doctrine of the Most Significant Relationship applied to be a Basic principle in the " General regulation, Chapter one" and applied to foreign-related contracts law applicable field in" Creditor’s Rights, chapter six", and then gives the in-depth analysis about these questions.The fifth chapter the paper mainly gives some improving suggestions to above the Doctrine of the Most Significant Relationship’s application questions which existed in the chapter one and chapter six of ’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’. In the end, the paper depth analyzes the designations of articles about the foreign-related infringement field in’The law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China’, and points the questions of this application mode, learning legislative mode from ’the Second Restatement’ and putting the Doctrine of the Most Significant Relationship into the foreign-related infringement field.