A Research On Substantive Law Method Of Private International Law

There are three methods in the history of private international law to solve the foreigncivil and commercial problems, namely unilateralism, multilateralism and substantive lawmethod. These methods have different features, and play an important role in resolving legalconflicts in each development period of private international law. Substantive law method isrecognized as the earliest method of resolving legal conflicts, however, the scholars has payless attention to the substantive law method than unilateral and multilateral method. In theacademic research, the scholars are addicted to the conflicts methods. In the judicial practice,the substantive law method is also not favored by judges. There are various reasons for thisphenomenon. However, the substantive law method still posses many advantages, which donot exist in the conflict law methods. This article discusses substantive law method from thecomparative perspective.The introduction is mainly cites the views of scholars discussing the substantive lawmethod, as well as the similarities and differences between their opinions, and analyzing theirdeficiencies from the objective perspective. The partⅠdeals with the historical logic of threemethods of solving legal conflict problems, stresses their important roles and positions in thehistory of private international law. This part focuses on the several forms of substantive law,and discusses its contemporary renaissance by viewpoint of development.The part Ⅱis concerned with the reasonableness of the substantive law method. Bycomparing with the unilateralism and multilateralism, this part describes the drawbacks of theconflict law methods and the advantages of the substantive law method. Finally, this articlediscusses the relationship between substantive law method and sovereignty and also theirgood interaction.After analyzing the drawbacks of the conflict law methods, the part Ⅲ is on by usingthe substantive law method to improve the conflict law methods. Then, this part introducesthe “revolution” of private international law and the improved path of conflict law inEuropean countries. Demonstrates the two different attitudes toward the traditional conflict oflaws, namely, abandon or modify the conflict rules. Substantive law is growing up bystruggling with the conflicts law methods. Through this, explains the three pillars of privateinternational law in the present time. In Ⅳ part, it connects the substantive law method with the theory and practice of china.Firstly, it introducing the current methods, which china uses to solve the civil and commercialdisputes. Secondly, analyzing the current situation of theory and judicial practice, anddiscovering their drawbacks. Finally, advocating the scholars and judges for paying moreattention to the substantive law method, and discussing the feasibility of using substantive lawmethod in china’s special national situation, and providing a new way for solving the conflictlaw of multi-jurisdiction in China.It is undisputed that the development of contemporary private international law hasdiversified trends. Which method is better, depends on the needs of practice development.However, one thing can be sure is that any method should be welcome as long as it helpspeople to resolve legal conflicts.