Analysis For The Legal Evasion In International Private Law

The principle of evasion of law plays an important role in international privatelaw. Because of different laws in different countries, it may directly get differentjudges in the same case,which in large extent affects the rights and obligations of theparties. As the economic globalization promotes leaps and bounds, China’s foreigntrade developes rapidly as a result the international commercial disputes increaseslargely which requires the perfection of the principle of the evasion of law and otherrelated principle.In international private law,the principle of evasion of law provides another wayto set international commercial disputes,but the discussion on the principle especiallyits effectiveness and difference with other principles never ends which causesinconvenience to judicial application. In practical case,different courts come todifferent judgment which is not conducive to judicial authority.In this paper, by analysis of a typical case and reference of scholars at home andabroad combining with the problems encountered in the application of theprinciple,the writer tries to propose some reasonable advices for the revision of theprinciple of evasion of law in order to adapt the changing international trend.The text consists of three parts:The first part through a typical case and the judge of the court displays theapplication of the principle of evasion of law and extends a problem how to identifyevasion of law.The second part focuses on the analysis of disputing points so as to have a deepcomprehension of the principle of the evasion of law including the component of theprinciple of the evasion of law; the relationship between the principle of the evasionof law and mandatory provisions and the effectiveness of the principle of the evasionof law.The third part concentrates on application of the prohibition of evasion of law inChina. Through deep thinking of the legislative status of the evasion of law and theproblems in application,this part render some constructive proposals for the perfectionof the principle of the evasion of law in China.