Private International Law For The Protection Of The Interests Of The Weak

In today’s international civil and commercial activities, as countries between us is becoming more and more many, in the field of deepening, to protect the interests of the "weak" increasingly aroused people’s concern. Not only is the embodiment of the safeguard human rights, the protection of the rights and interests of the weak and the pursuit of essential justice, not only has deep theoretical foundation, but also comply with the requirements of the modern private international law development one kind of embodiment. In the western countries, for the protection of the rights and interests of the weak already had a very long history, and areas are relatively perfect protection. In China until the foreign-related civil legal relationship of the applicable law "promulgated, may say that our country for the protection of the rights and interests of the weak system preliminary established. But, after all, our country is still in its infancy in the protection of the rights and interests of the weak legislation, there are many problems, we need to solve and perfect. This paper is divided into four parts altogether, the simple explanation of the concept and characteristics of the weak, from the legal theory, this paper analyses the theoretical basis for protection of the rights and interests of the weak, for the protection of the rights and interests of the weak is conform to safeguard human rights theories and the pursuit of essential justice. The second part mainly sums up the main ways of international society for the protection of the rights and interests of the weak and the field, mainly is the concrete application of several principles of private international law, as well as the foreign-related marriage and family, to a foreign related contract, infringement of foreign countries is how to through the specific legal provisions to protect the rights and interests of the weak. The third part is how to protect the rights and interests of the weak in our country, our country for the protection of the rights and interests of the weak in the foreign-related civil legal relationship applicable law for the watershed, before the foreign-related legal relationship applicable law issued, the regulation of our country for the protection of the rights and interests of the weak is very few, have no attention to the protection of the rights and interests of the weak. In foreign-related civil legal relationship applicable law, the foreign advanced legislation experience and combining with China’s national conditions, the foreign-related marriage and family relations, foreign contract relationship, foreign infringement, these three areas the relevant provisions for the protection of the rights and interests of the weak. But, after all, for the protection of the rights and interests of the weak in our country has just set up, there are still many shortages and need to improve, the fourth part is about in the protection of the rights and interests of the weak in our country at present are analyzed, the problems of the protection of rights and interests of the weak concept should be promoted as an important principle of private international law, and also to further expand on the scope of protection, on the specific protection methods to solve the shortage of the current, private international law in China can better safeguard the rights and interests of the weak.