On The Problem Of Renvoi

Nowadays the world is trend of economic globalization. And the communion between each countryis also closer. At present, many countries exchange politics, economy, and culture within the whole worldin international background. The civil regular association between the countries produce international civiland commercial legal relations. How to resolve the commercial legal relations has been the challenge mustbe confronted with by every country. Peace and development are the main themes at the present time, everycountry need to build an new and open international economical order on the basis of communication andconferences, renvoi is private international law to adjust international civil and commercial legal relations,ought to cause concerns among us. The thesis aims to analysis the value of renvoi from the basic conceptcharacteristic, and the same time put forward point about build specific conditions of renvoi conditions ofrenvoi on basis of the national cond of China.In the first part, we have unfolded the thesis from the concept and characteristic of renvoi, thenanalysis the condition and basis of renvoi, and has explored the difference in renvoi’s fundamental theoriesand practice, showing that renvoi is a choice of foreign laws of conflict by domestic courts intended tohandle international civil and commercial legal relations flexible. Renvoi is a choice by the legislator andjudicial on evaluation of benefits value consideration, which is basis of renvoi. so we can investigate renvoifrom value and function purpose to serve for national legislative practice under the economicglobalization.In the second part, the paper discuss the value of traditional Private International Law and moderntendency of Private International Law. There are much value in traditional Private International Law,suchas expanding the applicable of domestic law but restricting the application of foreign law, moderatinglawclash, pursuing verdict result consistent, choosing law flexible and correctly to realize fairness andjustice, realizing national policy and keeping international order steady. Therefore more and more moderncountries adopt renvoi in economic globalization. China need to strengthen international economiccooperation, and promoting mutual development, China should stress the value of renvoi.The third section explores to build a modern system of renvoi in China. Enclosing this theme,this part describes legislation and judicial presence of renvoi in China. China is a country with regionsapplicable to different kinds of law, including the mainland, Hong Kong, Macao and Taiwan. Except themainland,all legal regions applicable renvoi at different degree. This part emphatically analyzes the valueof renvoi to China.First, renvoi accords with the goal of the value of Private International Law and hasbeen received by many countries. Secondly, renvoi is beneficial to decision justice, improve judicialefficiency and execute judgments smoothly. Finally, renvoi is beneficial to solve Interregional Conflict ofLaws in China to accomplish the unification of China. Therefore China should applicable renvoi. On thebasis of the value of renvoi, this thesis proposes some ideas about building a modern system of renvoi fromlegal status and legal form of renvoi.