Study On Protection Of Disadvantageous Persons In Private International Law

With the establishment of Law of Application of Law for Foreign-related CivilRelations of PRC, the gap of Chinese legislation in international private law has beenbridged, and it is just Protection of disadvantageous persons that makes the newlygrown-up law become a milestone of Chinese international private law. The purposeof this thesis is to generate both theoretical and practical suggestions on theimplementation of Law of Application of Law for Foreign-related Civil Relations ofPRC, on the basis of the origin of Protection of disadvantageous persons, relativelegislations all around the world, and the fulfillment mingled with imperfection onProtection of disadvantageous persons in Law of Application of Law forForeign-related Civil Relations of PRC.There are five parts in this thesis. Chapter one is the theoretical observation ofProtection of disadvantageous persons, in which the feature and function of law thatconsists of Human Care and Essential Justice is addressed.Chapter two summarizes the current legislative situation of Protection ofdisadvantageous persons in the world, including Hague Conference on PrivateInternational Law, European Union and China. Protection of disadvantageous persons in Law of Application of Law for Foreign-related Civil Relations of PRC, as the mainviewpoint, is detailed explored into two major expressions, which are comprised ofexpressed articles and implied articles. In expressed articles, disadvantageous personsare illustrated as Fostered persons, persons under guardianship and disadvantageouspersons in marriage. On the other hand, some articles implied that customers, laborsand infringees in product liability can also be defined as disadvantageous persons.Chapter three lays its fingers on the weakness of Law of Application of Law forForeign-related Civil Relations of PRC on Protection of disadvantageous persons.Besides the unclear definition and limited range of disadvantageous persons, there areno multiple choices to protect them, which means the law need to be improved thoughits fulfillment is significant.The important, hard and key part is Chapter four, that rectifies the deficiencypointed out above. It not only clarifies the definition of disadvantageous persons, butalso broadens its range. What’s more, Principle on Protection of disadvantageouspersons and law of protection of disadvantageous persons is advanced as basicprinciple and basic formula of attribution in international private law respectively.Moreover, it corrects several articles. This chapter is the backbone of the whole thesis.Chapter five is the conclusion of the thesis.By comparing analysis, The innovation and value of this thesis is to generateboth theoretical and practical suggestions on the best operation of Law of Applicationof Law for Foreign-related Civil Relations of PRC, based on the background andstatus quo of Protection of disadvantageous persons worldwide, especially theenlightenment interwoven with flaws on Protection of disadvantageous persons inLaw of Application of Law for Foreign-related Civil Relations of PRC.