| Mandatory rule of Private International Law is a kind of rule that can be used directly and forcibly. When a country adjusts international civil and commercial relations, it usually applies mandatory rules regardless of conflict rules to maintain its significant social and economic benefits. Since people know the influence of the western capitalist economic crisis, countries began to deepen the research of mandatory rules all over the world. The research mainly focuses on the definition, nature, scope of application of mandatory rules. Besides, the study also includes the differences and relations between mandatory rules and the other related systems. China also deepens the study on mandatory rules and formulates the Article 4 of Rules of Application of Law in Civil Legal Relations Involving Foreign Affairs to confirm the mandatory rules. The further theoretical research and provisions in legislative level are significant to build the complete system of international private law and direct the judicial practice of mandatory rules. However, there are deficiencies in theoretical research and legislation. The mandatory rules of private international law need to improve in the judicial practice.In order to make contribution to the study of mandatory rules, the paper tries to analyze the mandatory rules. The introduction section of the paper is the background review of mandatory rules to lay the foundation for the whole passage. The first chapter is the summary of mandatory rules that mainly includes the definition, nature, theoretical development and positive influence. The second part uses the comparative method to analyze the differences and relations between mandatory rules and other international systems that the writer hopes the readers can have a clear understanding on mandatory rules. The third chapter discusses the legislation and application of mandatory rules which includes the mandatory rules of court and foreign. The fourth part values the Article 4 of Rules of Application of Law in Civil Legal Relations Involving Foreign Affairs and then points the existing problems. In the end, the writer provides the suggestion to perfect the Article 4. The conclusion part offers the suggestion to apply the mandatory rules in the future in order to make the mandatory rules to be applied better. |
