Analysing The Scope Of Applicable Law

Scope, refers to the boundaries and limits, emphasized in a certain time or space limit. In private international law, the applicable law is different from the connotation of the applicable law is the scope or the concept of nature, to define the scope of applicable law is on the premise of admitted its entity specification attributes, further explore applicable law in the legal dimension lines. Figuratively speaking, if the applicable law to the human body, the scope of the applicable law is like a man’s skeleton, only the shape of a clear space on its relatively, can more accurately locate or other information and research content. As we all know, the applicable law in foreign-related civil and commercial relations is to determine the basis of the parties rights and obligations and the criterion, therefore, reasonably define the scope of the applicable law is more is of great theoretical significance and practical value. But it is worth noting that through the study found that the current private international law in the academic circle about how to define the scope of applicable law remains controversial, with long-standing dispute mainly has two aspects: one is the level of domestic law, scholars have different legal rules and legal system, proposition; Second, on the method of supranational level, whether the existence of national law belongs to the discussion of applicable law. In view of the controversy over the definition of the scope of applicable law, the author also analyzes from two aspects: domestic law and supranational law, comparative demonstrate different theories, combining with the judicial practice of our country in-depth analysis and research, in order to reasonably define the scope of applicable law. Therefore, this article mainly launches the research from the following five parts:The first part, the concept of applicable law and its scope. This part mainly is a general overview of the applicable law, first of all, made clear the meaning and characteristics, scope of what is meant by applicable law, to avoid the scope and connotation of the applicable law and other applicable law concept confusion; Secondly, through a typical case in the judicial practice to draw out applicable law define the scope of disputes, namely domestic law level and the differences between the supranational level.The second part, from the domestic law level discussion scope of applicable law should adopt the rule of law or legal system. Scope of the rule of law says that applicable law shall be defined for concrete, specific entity laws and regulations, legal system, said that applicable law scope should locate in a country related legal system. To this problem, the author mainly adopted sum up method, comparative analysis is made for the two theories, on the other hand, through the applicable law in international private law of related system and the tendency of the judicial practice in our country, on the actual value.The third part, from the aspect of supranational law to define the scope of applicable law is discussed in this paper. Referring to international practice must be clear, supranational law and international treaties, and other forms of the domestic legislation of the specification, but limited to space, this article only discuss international treaties, and focusing on international treaties unified entity. Under this premise, this part discusses the core has two points: one is not directly applicable unified entity treaty applicable law; Effect is not a unified entity treaty applicable nature, namely, should not as applicable law.The fourth part, thinking the range of applicable law. Based on the above research and discussion, the author thinks that the scope of the applicable law should adopt the rule of law, domestic law level already so as to be helpful for the adjustment of foreign-related civil and commercial relations, can avoid the applicable law and is the role of overlapping confusion; Supranational law level is appropriate mining area, on the one hand, effective entity treaty because directly applicable principles rather than the applicable law, on the other hand is not effective entity treaty due to factors such as its social function, apply appropriate as applicable law.The fifth part, conclusion. Study on the law applicable to the scope of the problem, not only to weigh all the value orientation of private international law, but also to coordinate all international civil and commercial relations in the interests of. Because, the applicable law of the proposed scope only on the basis of this, it is more advantageous to the court of justice for efficient, applicable law.