Theory Of Interregional Conflict Of Laws Under The System Of Reservation Of Public Order

Public order which is usually used in our country’s reservation system of public order isa general concept.China owns four different jurisdictions,every jurisdiction has its ownlegislative power and judicial power.Among these jurisdictions,there exist interregionalreservation of public order system.This essay designs as four parts and introduces thecontent of the interregional reservation of public order system,and introduces the reservationof public order system in the most representative countries and Union.And then discusses ourcountry’s situation and gives some advices for our interregional reservation of public ordersystem.The frist part introduces the interregional reservation of public order system. Fristly,itintroduces the content of the system of public order and the classification of the publicorder.Secondly,it introduces the nature and the effect of the interregional reservation of thepublic order system and the significance to establish this system.And then comparesinterregional reservation of public order system with reservation of public order system inmany different ways,such as scope of application.In the second part,it respectively introduces the reservation of public order in thesecomposite legal areas around the world,such as United States,United Kingdem and EuropeanUnion.Fristly, introduces.Fristly,it introduces the historical and legal reason for forming acomposite legal area in America,and introduces the development of the reservation of publicordre system and the important case laws in America.Secondly,it introduces the interregionalreservation of public order system in UK.UK does not distinguish between interregionalpublic order and international public order.And explains the different treatment betweeninterregional reservation of public order system and international reservation of public ordersysetm.At last,it introduces the emerging reservation of public order system in the EuropeanUnion.In this part,it introduces the relevant provisions to the existence and content of acommon EC/EU public policy,the method of intervention and content,ordre public v publicpolicy,narrates the problem exist in the public order of the European Union internationalprivate law,and the relevant jugdment.In the third part,introduces the significance of the research of interregional reservation ofpublic order in our country.It discusses the feature of our country’s reservation of public ordersystem in several different way as the social system,different jurisdictions,the legal level.Then,respectively presents the legislate and judicial situation in detailed about theMainland China,Hong Kong,Macao and Taiwan.In this part,it cited a large number ofspecific,detailed provisions and the court’s decisions of interregional reservation of publicorder.In the fourth part,according to the analysises mentioned above,compared to othercountries practices,considering its particular circumstances,it makes some improvingsuggestions about our country’s interregional reservation of public order system in respectlegislation and jurisdiction.In legislation,it can unified the term “public order”,regulate theconnotation of the reservation of public order system,unified with the “objective” andprescribed the application of the law after violating the public order laws,etc.In specific casesapplies the “objective”,not to engage in local protectionism,not only local interests first.Throughout the paper,systematically discripts and analysises the interregional reservationof public order system.Hoping with this can make a certain role in promoting the reservationof public order system between China’s different jurisdictions.