On The Application Of Principle Of Autonomy In Tort Conflict Law

The principle of autonomy emerges with the development of commodity economyand capitalism. Its emergence has certain legal and economic foundations. The autonomyprinciple in private international law starts from contract conflict law, due to theadvantages of autonomy and the disadvantages of lex loci delicti and the closestrelationship principle, the autonomy principle has extended to the tort conflict law. From1980s on, the autonomy principle has been absorbed in many countries’ privateinternational law, but the specific rules are totally different. The lately tort conflict lawpromulgated by EU and Oregon state reflected the development of autonomy principle intort conflict law. The principle of autonomy has been a very important rule in tort conflictlaw, and the specific applications should include selectable parties、time、methods andcontent.Before2010, Chinese tort conflict law has no autonomy principle, but the model lawof Chinese private international law gave us much useful explorations. Law of theApplication of Law for Foreign-related Civil Relations and its judicial interpretation hasabsorbed the autonomy in tort conflict law. It includes many advanced rules and someshortcomings. We should improve it from selectable time、content、applicable scope andthe legislative procedure.