Foreign Contract Law In The Protection Of The Weak

Contemporary private international law, jurisdiction or choice of law,reflects the weak protection concept. Around the concept of countrieswhich according to their respective national conditions has taken a varietyof ways, such as the exclusion of adverse selection, reservation of publicorder, and so on. These methods producing under the conditions of eachcountry, but there are a lot of things in common. The construction of atheory of international private law to protect rights and interests of theweak is an important guiding role to our country. While, this article hasunderstanding and analysis defined in the choice of law stage of the laborcontracts and consumer contracts, through understanding and analysis ofsmall summed up the suitable for the development direction of China’sinternational private law to protect the weak.This article is divided into three parts. The first part is the interpretationof concept of the subject matter, as well as the introduction of the basics, inorder to expand on the theme expounded. It is including the weak in thefield of law, the concept of foreign contract definition and weak protectionof the legal basis. The second part is the countries in the choice of law’sintroduction of foreign labor contract and the foreign consumer contract. Itis mainly confirm eliminate or restrict choice by the parties and the judgelaw selection is introduced. The third part is the description of the status ofChina’s private international law legislation on the protection of the weakequity, on the basis of the third part has analyzed our country in the aspectsof the advantages and disadvantages. In this part also introduces thedevelopment of China’s private international law, the most important partis the《foreign civil relations applicable law of the People’s Republic ofChina》. This part mainly analyzed the relevant provisions of the law ofthe foreign consumer contracts and foreign labor contract.The end of this article summarizes the development trend of China’sinternational private law to protect the weak. Setting weak protection to private international law principles, to clear special protection using thespecifications, to expand legal Select range, optimization apply with otherconnection point and the optimization of the specific terms.