Research On Conflict Rules Protecting The Weak In Private International Law

With the development of the industrialization,informatization andglobalization,unequal factors are more and more in international civil and commercialcommunications.Certain groups who need special protection by law emerge in manyareas,which requires the private international law to supply the relevant systemguarantee.In the field of private international law,the conflict rules protecting theweak didn’t come into being from the very beginning.Instead,they progress with theevolution of human rights and the requirements of substantive justice by privateinternational law.The academic circles have paid certain attentions to the protection of theweak,while the legislation and the legal practice also reflect the ideals.The protectionof the weak in private international law includes the ways in principles and thechoice-of-law approaches.But this article will only research on the conflict ruleshere.Although some scholars have done some researches on the conflict rulesprotecting the weak in private international law,according to the datas collected,ourlegislation still fall behind the overseas legislations,and after the Law of theApplication of Law for Foreign-related Civil Relations of the People’s Republic ofChina("LAL") was promulgated,few scholars have done researches on the issuesaccordingly.So it’s an opportunity to do more researches on the conflict rulesprotecting the weak in private international law.This article will start with the discussion on the definition of the weak and the theory premises of the idealsprotecting the weak,and then summarize and compare the conflict rules protecting theweak both in Chinese and the overseas private international laws.On the abovebasis,the article will make some suggestions to complete the Chinese law.This article is divided into three parts,with a total of over30000words.The first part mainly introduce the basic issues about the weak in privateinternational law.First,the article will make clear on the definition and the scope of theweak protected in private international law based on the definition of the weak insociology and science of law.Second,the article will introduce the theory backgroundfrom the aspective of the humanistic concern and substantive justice.The second part mainly make comments on the conflict rules protecting the weakin private international law.First,the article analyse the development of the conflictrules protecting the weak in private international law.Second,according to thedifferent sorts of the foreign-related civil relationships,the article summarize thelegislation on the conflict rules protecting the weak in overseas private internationallaws and the international conventions.The third part mainly introduce Chinese legislation on the conflict rulesprotecting the weak in private international law.First,the article summarizes theconflict rules of the legislation before the LAL was promulgated,the rules in theModel Law of Private International Law and the rules in the LAL.Second,through thecomparisons between the Chinese and overseas legislations and between the old andnew Chinese legislations,the article makes comments on the Law of People’s Republicof China on Choice of Law for Foreign-related Civil Relationships from theperspective of protecting the weak.Third,the article will make suggestions to completethe conflict rules protecting the weak in Chinese private international law.