The Reservation Of Public Order In The Judicial Practice

The Reservation of public order as a well known system in the field of international private law concept, which is a legal case under the conflict rules adjust the foreign-related civil in the commercial relations, Is a good means to maintain their major or fundamental interests and Is a effective tool to maintain the interests of the ruling class. With the continuous development of international civil, commercial exchanges and the changes of the rapid development of various countries, the interests of all countries focus on substantial changes have taken place,the conflict of laws between countries also happening times change. Reservation of public order, as an important system in the field of conflict resolution to solve international conflicts is playing an increasingly important role, so the research on reservation of public order is of important significance. Although the study of public order has been quite mature in theory, but we have to admit that the public order in the judicial practice is a double-edged sword role, bring convenience for people, at the same time.bring danger.The reason is that its expansion flexibility and unable to certainty, various countries have the space of free play, causing the abuse of public order, even around public order by other methods to achieve the same effect. This is not conducive to the healthy development of public order and the value of the play, seriously, even case uncertain danger to private law field. How to grasp a comfortable and degrees? This article is one answer to the problem from the judicial practice point of view on the use of the public order. There have five parts in this article.The first chapter of this article first overview of reservation of public order in detail. The judicial practice to solve the problem of the premise is to understand the problem first, and understand the problem is the premise of first to be familiar with and master the body of the problems. In this paper, the first chapter is a detailed overview of the system, which mainly contains the origin, the meanings of the public order of the development of public order, the applicable standards and its unique value.Then,in the subsequent.respectively expressed the author’s ideas. From these points, we can deeply understand the connotation of public order, which has important matting role.for later.In this paper, the second chapter discusses the questions similar to judicial practice with the system of reservation of public order.We also confuse the two concepts, because of its similarity.So many judges use chaos, which lead to lose fair law authority. In order to truly know public order, to avoid confusion in cognition of public order and related issues, it is necessary to compare problems related to comb.The third chapter of this article embarks from the horizontal look to analyzes many contrys’ attitudes towards the public order situation. First analyses the typical continental law system, France and Germany, and then the Anglo-American law system of Britain and the United States, finally return to our country’s judicial status quo. Every country on the use of the public order has its own specificity and peculiarity, there are big differences. Through the analysis,we can find deep questions, analyze problems and find the problem. This is the main body content.In the fourth chapter of this article, the author puts forward the related issues should be paid attention to in the judicial practice combined with the front all countries’use in the practice. Problems lies in the rational grasp of related issues in the judicial practice is not in place. Related issues here is mainly lies in the judicial practice of values of the public order, suitable standard, the choices of the exclusion of foreign law, the effectiveness of international treaty and choice of law later. Just for this, there is a clear thinking and rational knowledge for a few problems in practice and the application of the public order is sure to be controlled in a reasonable range.The fifth chapter,the author of this article considered from hard standards,and from the perspective of legal control to regulate and restrict the use of public order. If the fourth chapters have advocated recommended, then the fifth chapter will have a standard binding. The author from the entity and the procedure of two auxiliary level, put forward some own views. From the entity, the definition of the public order, the standard and law choice of law ofter exclusion foreign law rules should be clearly defined. From procedures, the reservation of public order should follow a series of application system to ensure the reasonable use and specifications, the judge as important Angle to be controned is main content.The system contains:discretion of the public system, the supervision system, supervision of case-hearing level, and trial supervision system, case guidance system and regular training system of the judge. Both entity and procedure, I hope the application of public order in the judicial practice has a reasonable expected results.