On Restrictions Of Autonomy Principle In The Selection Of Law Of The International Contract

Autonomy principle is the cornerstone of contract in the conflict law system, but this does notmean that there is no limits on the autonomy principle inthe law of international conflict.The restrictionof the principle of party autonomy reflects the will of the state and policy-oriented，and in most legalsystems，autonomy will be limited. But limits should not be too broad to undermine the basic status ofthe principles of the autonomy and, as a result, deprived of juris. On the other hand,in order to safeguardits national interests, the stateoffen intends to limit the application of autonomy principle based onpublic law, or public policy or mandatory rules. These limits are always different in different countries.Currently,legislative trends ofthe applicable law selected in the field of private international law ininternational contracts is that the gradual relaxation of restrictions on ordinary contractual autonomy，and on special contracts autonomy restrictions tend to enhance, whichshows the legislatorscoordinatedthetwo-dimensional tension between the will of the state and individual freedoms.the Rome I acted asthe unifieddemonstrationof the latest international contractual obligation in law selected，which has agood sense for our legislation to learn fromin the law of contract conflict. Through thetheory analysis oflimiting applicationof autonomy， this paper introducesvarious system tools limiting the application ofthe principle of party autonomyfrom two angles of the court proceedings and international arbitrationproceedings and analysis of legislation and relevant judicial interpretations limiting the autonomyprovisions in the lawselection of the contract，and combines with the introduction of the SupremePeople’s Court in China December28，2012on the application of "foreign-related civil relations lawapplicable law，the latest judicial interpretation of a number of issues，drawing on international contractlaw on the basis of the applicable trends for the inadequacies of the relevant legislation and judicialinterpretation，and putsrecommendations forward to improve our legal system.