Protection Of The Weak In Private International Law

Reviewing the development of private international law(PIL), we can find that the conversion of traditional PIL to modern PIL is just from only pursuit of formalistic justice into a balance of formalistic justice and substantial justice. As international civil and commercial activities have been increasing in a rapid speed, there is a growing number of the weak which need law to take special protections in the foreign exchanges in civil and commercial. In order to solve the international disputes to obtain substantial equity, every national legislation and practice of PIL pay more and more attention to protecting the rights of the weak. Under the globalization of the economy, it is urgent and realistic to study how to protect the legitimate rights and the interests of the weak.With the establishment of Law of the PRC on Application of Laws to Foreign-Related Civil Relations, the gap of Chinese legislation in international private law has been bridged, and it is just Protection of disadvantageous persons that makes the newly grown-up law become a milestone of Chinese international private law. This article based on the research about the development of the concept of PIL to protect the interests of the weak, necessity, feasibility and direction of protecting the interests of the weak, using such methods as historical analysis, summing up and comparing to analysis the foundation and the suitable method for protection of the weak, combining legislation and judicial practice to protect the interests of the weak in the international conventions and major countries in several key areas, draws lessons from the new development to protect the interests of the weak in PIL. Summaring and analysising the legislation status related to protect the weak in the law on Application of Laws to Foreign-Related Civil Relations all-round, and combined other laws and regulations involved in the protection of the weak, this article combs the legislation related to the protection of the weak in China, and tries to put forward the ideas and perfect its deficiency in both theoretical value and practical significance of advisory opinions.At the beginning,this article mainly introduce the basic issues about the weak in private international law.First, the article will make clear on the definition and the scope of the weak protected in private international law based on the definition of the weak in sociology and science of law.Second, the article will introduce the theory background from the light of the humanistic concern and substantive justice.Combined legislation and judicial practice to protect the interests of the weak in the international conventions and major countries in several key areas, the second chapter summary and analysis the legislation status related to protect the weak in the law on Application of Laws to Foreign-Related Civil Relations all-round, and is mainly divided into consumer contracts, labor contracts, product liability and the relationship between parents and children four parts.The last chapter is defect description and Improvement suggestions about the law on Application of Laws to Foreign-Related Civil Relations. This part mainly analysis the lack of this law in the protection of rights and interests of the weak, points out problems such as that the concept and scope is equivocal and methods of the weak protection is single and stiff, and puts forward that can be clearly defined in the weak concept, expand the scope of the weak, delimit the fundamental system belongs to the formula and limit judge’s discretion to perfect this law in the protection of the weak.