The Value Analysis About The Protection Of The Vulnerable’s Interests In International Private Law

With the development of economic globalization, international exchanges are increasing.the international civil and commercial disputes are increasing gradually, but in theinternational civil and commercial disputes, not all people are absolutely in equal status of theparties. Due to the factors of natural and social causes between different people in status orposition, as to the formation of the "weak" in the international private law. The protection ofthe interests of the weak in private international law has been widely recognized by theinternational community. The protection of private international law of the interests of theweak is the main conflict norms such indirect rule to adjust. While compared with thetraditional private international law has been largely improved, there are still a lot ofdeficiencies.In view of the above, this paper takes the value analysis method to the bold explorationof this system, and find out the real protection of the interests of the weak in order to be ableto achieve justice, and then through the formal equality to achieve real sense of justice. Themain purpose of this paper is that through scientific argumentation and protection for theinterests of the weak provides principles and system security. Formal justice can not guaranteethe rights of every man due legal protection, it is suitable to the universal laws and ignore thesingle individual or a small number of individual demands, this is not consistent with thevalue goal of the substantial justice. Therefore, by strengthening the protection of theinterests, the weak in private international law can not only realize the equity of the law andjustice, more important is to realize everyone the maximum freedom and happiness, this iswhere the purpose of this at all.In research methods, this system uses the method of value analysis has carried on thethorough analysis to the protection of the interests of the weak in private international lawsystem. The weak in private international law is a relative concept, but its right prone to sufferfrom is the logical starting point of shall be protected by law. At present, the protection of theweak interest of all countries still exist many problems, mainly lies in the protection ofblindness, mechanical property and uncertainty. The value analysis method of law researchmethod is the sense of a method. Because the value analysis is the value of a specific target to guide the specific process of analysis, in order to ensure the realization of the ultimate goal, soit has other research methods are not comparable advantage.The main contentes of this paper:The first part is the introduction part mainly includes that today’s trend of internationalabout the weak necessity, the system research of the protecting of the interests of the domesticand foreign research present situation, the main research methods and innovation.The second part is mainly about the relationship between the interests of the weakprotection system of value analysis method in the connotation and the private internationallaw as well as on overview of both two.The third part is the main using of the weak in international private law to protect theinterests of the specific system of the value analysis method, which is also the core content ofthis article. This paper uses the methods of value analysis to the interests of the weakprotection of this system through the qualitative analysis and the quantitative analysis and theuse of value cognition and value evaluation way to carry out the specific evaluation.The fourth part mainly about the analyzing the value of the protection of the interests ofthe weak after the enlightenment.Conclusion part of the main value analysis method on the assumption of weak protectionsystem to in the concrete application, and then promote the private international law in theprotection of the weak interest further development to a certain extent.