The Principle Of Protection Of The Weak In Private International Law

In the wake of the era development and complicating of social relations, equalrelations regulated by private law need external force to balance this kind of relation,so do foreign-related civil and commercial relations. Against this background, privateinternational law changed its initial goal of pursuing formal justice and becamemodern private law which follows substantive justice, which generate a specificprinciple called the principle of protection of the weak. There is a change of standardof justice in the development of private international law, then an idea of protectingthe weak came into being. The germination of this idea can be attributed to a profoundunderstanding of justice and the growing of human rights.No matter international treaties or internal legislation regulate protection of theweak in private international law in various degree. The subject of the article mainlyconcern the principle of protection of the weak in private international law, andproving the principle’s status and mode in private international law by researching itsvalue basis and practices. Based on those researches, the article will make suggestionsto Chinese private international law.The article is divided into four parts.Chapter one introduces basic issues about the principle of protection of the weakwith three sections. The first section defines the weak by researching meaning,classifications, origins and features of the weak. The second section introduces thegrowth of protecting the weak from an idea to a principle and expounds the principle’s status and definition. The third section discusses theoretical and practical scope ofusing the principle.Chapter two discusses the value basis of protecting the weak as an argument todemonstrate the foundation of the principle of protection of the weak, which has twosections. The first section is about substantive justice. The second section is aboutprotection of human rights.Chapter three discusses legislation and judicial practice as another argument todemonstrate the application of the principle of protection of the weak, which has threesections. The first section is about international and national legislation in privateinternational law concerning protection of the weak. The second section concretelyanalyses the mode of protecting the weak in legislation. The third section introducesjudicial practices with regard to protection of the weak in different areas in case lawsystem.Chapter four is about protection of the weak in Chinese private international law.The first section mainly introduces Chinese academic viewpoints, legislation andjudicial practice of protection of the weak. The second section points outdisadvantages of Chinese law and makes suggestions in respect of protection of theweak.