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On The System Of Reservation Of Public Order And Its Application In Our Country And Perfect

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The existence of private international law is the basis of international civil and commercial relationship in the recognition of foreign extraterritorial effect of conflict rules, and according to the guidelines and the application of foreign law. But in the private international law is an important system, is" the system of reservation of public order".It is for the restriction and exclusion of foreign law in its application and development, its purpose is to protect their own social and public interests, the two apparently contradictory. However, throughout the history of the development of international private law, we see not hard, the development of international private law is in the application of foreign law restrict or exclude the application of foreign laws of contradiction in advance.The system of reservation of public order in the world" for the lack of uniform rules for the control and guide, this will directly lead to the judge in the case when all the expansion of discretionary power, resulting in damage to the judicial justice and legal authority, which would allow the private international law in harmonizing conflicts of law value reduction..This article from the system of reservation of public order concept and connotation, explores the system of private international law in the role, application conditions and the exclusion of foreign law and legal issues. But the system of reservation of public order, also need a corresponding restrictions, for the judge’s discretion to prevent the abuse to it.In our country, the system of reservation of public order, is positive, but there are many problems and shortcomings. Our country should from the legislation to regulate it, make up the existing legal inadequacy, make it more with international standards convergence.
Keywords/Search Tags:Public order, The system of reservation of public order, Right ofdiscretion, The meaning autonomous
PDF Full Text Request
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