On The Application Of Article4of Law For Foreign-related Civil Relations

The Article4of Application of Law for Foreign-related Civil Relations is about"the Rules of Immediate Application". Despite the Article4of Application of Law forForeign-related Civil Relations and its judicial interpretation have enforced just ashort period, they have been found many problems.These problems are: First, thenature of Article IV is not clear; Second, the "mandatory provision" in article4wasmisinterpreted; Third, judicial practice and academia on the "mandatory provisions"of Article4range view differences; Fourth, lacking of criteria to determine whichlegal norms belong to "mandatory provisions" in Article4.After the "judicial interpretation (a)" introduced, its Article10play a role in theinterpretation of the Article4of Application of Law for Foreign-related CivilRelations. Its role is mainly reflected in: First, give a clear definition of "mandatoryprovisions" in Article4.Second, clear the "mandatory provisions" of Article IV range.Third, provide the legal norms standard to determine what belongs to the "mandatoryprovisions" of Article4and provide scope reference. Although the "judicialinterpretation (a)" Article10perfected Article4. But it also produces followingquestions: First，introduce the “public interest” as a standard led to other methods ofgenerating confusion. Second, the "judicial interpretation (a)" Article10lead toArticle4and Article43of Application of Law for Foreign-related CivilRelationsapplies generate confusion.To solve the above problem, give the following suggestions: First, clear thenature of Article4. Second, narrow the "mandatory provisions" of the scope of Article4. Third, delete "the public interest” of judicial interpretation (a) in Article10; Fourth,delete “involving the protection of workers’ rights” in Article10of judicialinterpretation (a).