The Theory Of "directly Applicable Law"

The concept of "Rules of Immediate Application" was firstly introduced by French Scholar Phocion Francescakis and had a history of only a few decades. Theoretically speaking, the introduction of this concept has exerted a strong impact on the traditional implementation of conflict rules in the International Private Laws, in which "Rules of Immediate Application" has become one of the most controversial topics.In practical perspective, the concept of "Rules of Immediate Application" made scholars start to attach great importance to the public policies and value orientation behind the rules per se, which to some extent has showed the trend of International Private law becoming public oriented.Despite the short history of the introduction of "Rules of Immediate Application", scholars from all over the world has formed blossoms of opinions towards this concept. Different scholars worldwide from the concept initiator, French scholar Phocion Francescakis to the British Scholar Morris, and to Deutsche Scholar Kegel, all of which has named this concept in different ways. While in China, though we somewhat had a late start, scholars represented by Professor Han Depei all have expressed their opinions and understandings of "Rules of Immediate Application". With the continuous improvement of the concept theoretically through arduous efforts of scholars all over the world,"Rules of Immediate Application" started to be put into practice then in various countries. Just take China as an example, The Law of the Application of Law for Foreign-related Civil Relations of People’s Republic of China took effect as of April1st2011. Article4of this Law directly show the practical implementations of "Rules of Immediate Application" based on the opinions of Chinese scholars. Hence, based on the opinions and situations mentioned above, it is very necessary to make a research not only theoretically but also practically regarding the "Rules of Immediate Application".When considering the structure of this Paper, the author has analyzed deeply the concept of "Rules of Immediate Application" and also taken into account the comparisons between this concept and other relevant basic theories in the International Private Law. Besides, in order to make the Paper more comprehensive, the author has made analysis on the legislation of "Rules of Immediate Application" and then discussed the prospect of putting this concept into practice in China in the future.Given the structure of the whole article, it consists of four sections:the first section has illustrated comprehensively the concept of "Rules of Immediate Application" including its naming, definitions, characteristics and history; the second section focused on the comparison between "Rules of Immediate Application" and other theories in the International Private Law. This section has formed a theoretical basis of the latter part of the article. In the third section, the author has emphasized the legislation of "Rules of Immediate Applications", which was put into details in3perspectives, namely, local, foreign and third country. In the last section, the author has attached importance to the practical use of this concept and the prospect of China’s legislation in the future.