Evasion Of Law In Internasional Private Law

Evasion of law is a traditional system in the Private International Law, but also a more controversialtheory in both Theorists and practice. Common law and Civil law systems have very different views on theEvasion of Law. This paper attempts to start from concept of Evasion of law,and then introduce differentmanifestations of it such as avoid Jurisdiction,avoid Judgment and avoid substantive laws in order todiscriminate the difference between the Generalized Evasion of law and the Evasion of law in Narrowsense.About the Evasion of law in Narrow sense,I intend to focus on the Constituent elements,forexample,the subjective intent to evade law and the law that be evaded should be Jus cogens.Next I want totalk about the object and effect of Evasion of law.About the object,I plan to talk about whether ForeignLaw and Conflict of laws should be included in.About the effect,I want to analysis that the law in land andthe Foreign Law should be treated equally.Whether the Evasion of law should be regarded as an independent system, to answer this question, Ishould compare the Evasion of law system with the apply of Mandatory rules and Public Order Reservationsystem because the apply of three systems always causes confusion. By analyzing this, can we know thetheoretical and practical significance of the system.After talking about the theoretical issues, I want to put it into specific practice to discuss. As we allknow, the Private international law belongs to the field of private law.The field of private law emphasizeon autonomy, but there is the difference in different specific fields. So I choose to discuss about the contractlaw relationship which have the more closely linked to personal interest and the marriage law relationshipwhich have more closely linked to the interest of the country and the society,in this way can we deeplyknow about the system of the Evasion of law.Lastly I want to discuss the development and improvement of the Evasion of law in our country.