Research On The Natural Personal Law In International Private Law

The personal law is the largest genus formula system in international private law, and its scope of application of is the most extensive,The natural personal law originated in the residence principle, in the course of its development, presents the principle and the principle of nationality as an equal housing situation. With the development of society, the acceleration of the economic globalization and the international civil and commercial exchanges become more complicated, the principle of nationality and domicile principle can not meet the practical needs due to their own inherent shortcomings.based on bridge the differences of the principle of nationality and domicile principle,and overcoming the defects,the of the principle of habitual residence is rising.The latest development trends of natural person in the international private law of personal law is that, nationality will gradually fade out the connecting factor of conflict rules, applicable scope of domicile of habitual residence is also shrinking, habitual residence begins to appear in the international legislation of conflict rules, was enlarged trend in the choice of law in foreign-related civil and commercial law applicable relationship.As far as China is concerned, the current laws adapt the habitual residence as first junction residence of the natural personal law in our country, and are consistent with the international trend of Lex personal assimilation, and they are of great significance to the development of China’s private international law.However, the provisions of the natural personal law in the law still exist many problems, which affect the effective implementation.There is a detailed analysis of the advantages and disadvantages of the connecting point of the natural personal law, such as domicile, nationality,habitual residence and so on. and an introduction and revision of the current legislation of natural personal law in our country, and put forward concrete proposals to improve the relevant legislation of our country, based on the above background, and to sort out the definition and historical development of the concept of the natural personal law.In addition to the introduction and conclusion, it is divided into three parts:The first part has an analysis of the basic theory of natural person’s personal law. Natural personal law refers to the nationality of a natural person or residence as a link point to determine the dispute shall be the law is usually used to solve the equation, and the natural person and the legal conflict.The development of natural personal law has three stages of development,such as principle of domicile, coexistence principle of nationality and domicile, principle of habitual residence. Among them, principle of habitual residence represents the new trend of natural personal law.The second part has the connecting point of the natural law of the human. On the nationality principle, it has stability, clarity, to apply the law to promote the reunification of the country to provide convenient, applicable law and is conducive to the realization of the advantages of personal jurisdiction, but also has a rigid, is not conducive to solve the interregional conflict of laws, prone to defects such as the conflict of nationality. On the residence principle, compared to the nationality principle, it has better reflect the principle of most significant relationship, with relative flexibility, can effectively solve the interregional conflict of laws, to the territory of foreign nationals, effective management and control of the advantages can improve judicial efficiency, but also easily lead to conflict with residence, subjective it is difficult to grasp the essentials, easily lead to avoid such shortcomings, lack of rationality of law. Habitual residence has many advantages which can effectively overcome the defect of the residence principle and the nationality principle, be convenient for the court to take coercive measures and be convenient for to facilitate unified application of law, but also determine the applicable law is easily lead to avoid, as part of a standard is difficult to determine, does not apply to a personnel work the shortcomings and may lead to conflict.The third part:analyzes the current legislation of natural personal law in our country and puts forward some improvement suggestions. The current legislation of our country adopts the habitual residence as the first junction of natural personal law, conforms to the international trend of Lexpersonalis assimilation. However, this method also has the following defects, such as the meaning of habitual residence is unknown; the name is unreasonable; criteria is unknown; the specific natural personal law are lack of relevant link connecting point; related links is ambiguous and inconsistent; "habitual residence" as the primary point of contact is very difficult to find a reasonable explanation; the resolution of the conflict of "habitual residence" laws is unknown; extensive use of habitual residence as the primary point of contact is not fully in line with national conditions. China’s natural personal law should be improved from the following aspects, such as to establish the legal status of all kinds of connecting point, to increase in the number of nodes of the personal law, to uniformly clean the concept of regular residence, to clearly define the connotation and criterion of habitual residence, to establish the settlement of conflict of the habitual residence, and so on.