Protection Of The Interests Of The Weak In Private International Law

In modern society, with the flourish of science and technology, the convenience of transportation and the continuous economic complementarities between countries and across jurisdictions, the economic exchanges between people of different countries or legal family is not only just a possibility, but a necessity. Not only that, with the constant progress of the society and the growing update of people’s the concept toward marriage and family, the traditional geopolitical marriage is partly replaced by transnational marriage. And these made many foreign-related civil and commercial relations occur and are in fast growth. Since the parties involved in foreign-related civil and commercial relationship are not from the same political, economic and cultural background, some people are often in a weak position in acquiring information, possession, social resources, seeking the social relief and so on various aspects, so they need special attention and protection. The international private law, international legislation and national legislation of different countries checked carefully about the objective fact, and established the principles in the legislation of protection of rights and interests of the weak. Meanwhile, the advance of the society and the development of the international private law are promoting a quiet change of the purpose of the international private law. which is the pursuit of consistent verdict-purpose of traditional international private was gradually replaced by the pursuit of a fair and reasonable verdict-purpose of the modern international private law. And in order to realize fair and reasonable verdict, it is inevitable to give special protection to the rights and interests of the weak. Because of this, in dealing with applicable law issues between consumer and business operator, employers and employees, normal and disabled people, adults and minors, and issues about whether children are born in wedlock for the married, contemporary international private law often used laws that are conducive to protect rights and interests of consumers, employees, people with disabilities, minors, and children born out of wedlock. International private law legislation and practice of our country has established the principle of protection of rights and interests of the weak, but in the degree of its implementation, international private law legislation and the practice, there is a difference compared with relevant countries. Not only that, although there were discussions about the principle of protection of rights and interests of the weak in international private law in the educational circle, they are more focused on its historical evolution and forms, and yet they have barely studied the theoretical basis and improving measures of the principle. Based on this, it is necessary to further study the principle of protecting the rights and interests of the weak of international private law, and hope to create a beneficial effect on the improvement of the principle protection of rights and interests of the weak of international private law in China.The specific content of the full text mainly includes the following four parts:The first part, explain the origin and significance of the protection of rights and interests of the weak principle of private international law. Although the principle protection of rights and interests of the weak of private international law bud very early, it has become one of the basic principles of private international law just since the modern time. Meanwhile, there is a very close logic relationship between the establishment of the principle and the change of the purpose of private international law, which means the traditional private international law in pursuit of the verdict for the purpose of consistency, and the modern private international law in pursuit of the verdict of fair and substantial justice for the purpose, and to realize fairness and justice, it is bound to special attention and protection for the weak’ rights and interests; Private international law established the principle of protection of rights and interests of the weak is various:the principle for fair and properly handle foreign-related civil and commercial legal relations; Conducive to maintaining the stability of the foreign-related civil and commercial legal relations; To further promote the friendly exchanges between people of different countries and jurisdictions to build a harmonious international civil and commercial relations.The second part, we expound the close relationships between the principle protection of rights and interests of the weak and other principles and systems of private international law. There are closely inner link between the principle protection of rights and interests of the weak of private international law and recognition system, renvoi system, reservation of public order system, foreign law contents identify and the rule of foreign law applicable and other system or rules, which further reveals the principles of protection of rights and interests of the weak in the private international law to establish the theoretical basis and its survival soil.The third part, based on the inspection of outside legislation about the principle of protection of rights and interests of the weak of private international law, we try to explore the implications of the international and foreign legislation about principle of protection of rights and interests of the weak. To be specific, the international and foreign legislation defined the scope of private international law in the main body of the weak more clearly; Specified the principle applicable field and its object scope, in general, this principle is mainly applied to the consumers and business operators, employees and employers, normal and disabled people, adults and minors, wedlock pass, and other areas of the legal relationship of applicable law, that these areas should be as much as possible to apply more conducive to protect consumers, employees, the disabled, lawful rights and interests of minors, born out of wedlock.The forth part mainly introduces the legislation and practice of the private law to protect rights and interests of weak in our country. Indeed, the legislation and practice of the private law of our country have seriously considered this fact that the principle to protect rights and interests of weak has been established in most countries. However, there are still some deficiencies in our legislation compared to other countries and international organizations, such as not clearly defining the scope of the subject of the weak, not explicitly making the principle to protect rights and interests of weak as an base principle of the private law of our country, but mostly making it a rule, just stay at the choice of a rule of private law. Besides, the field and scope to apply the law to protect rights and interests of weak is limited. Because of this,the legislation and practice of the private law to protect rights and interests of weak in our country should be perfected from this aspects:defining the scope of subject of the weak in he private law scientifically, making the rule to protect the rights and interests of weak in the private law as one of the basic principle in our country, expanding the application and scope of the principle to protect rights and interests of weak moderately, paying attention to protect the result to apply the principle to protect rights and interests of weak, improving the judicial skills to apply the principle to protect rights and interests of weak so that the private law of our country can play a part in maintaining the order of the commercial international exchanges and protecting the legitimate rights of foreign parties in the commercial relationship and so on.