On The Application Of Mandatory Rules In China

The continuous development of our country’s economy has brought more and more international trade, and applicable law problem is becoming more and more important in the process of international association. Our country successively produced the "Law of the Application of Law for Foreign-related Civil Relations" and its Judicial Interpretation (a), in which the Mandatory Rules is also used in the judicial practices in China, but there are problems in the rule with its content and application, it is required to be analysis and improvement that further specification of the content of mandatory rules under the current provisions and the range of applicable laws our judges could use. Mandatory Rules as a special case which beyond the rules of laws’application in the Private International Law that can be applied in the Private International Law,showed us that our county takes great importance of our political,economic, social and other major interests. The paper looks forward to providing author’s suggestions of the perfection of Mandatory Rules on the consideration of the problems of its theory and judicial practice. This paper also takes the theory and practice of different countries into account.The article is divided into five partsThe first part clarifies the reasons why Mandatory Rules get so much attention in our country, and then point out that the act of "Law of the Application of Law for Foreign-related Civil Relations" article4and its Judicial Interpretation (a) article10had an effect of the perfection of Mandatory Rules, but it still need to take measures in our country to solve the problems come into across with its process.The second part analysis the concept and other basic matters of Mandatory Rules, and illustrates the Substantive Justice in the Mandatory Rules.The third part analysis the legislative status of Mandatory Rules and the problems in the legislation and judicature.The fourth part introduces the foreign experiences of their legislation and judicature about the Mandatory Rules, therefore point out some aspects that we should learn.The fifth part suggests that we should take measures for this defects and deficiencies, and put forward the ways we should taken for the perfection of Mandatory Rules with the help of foreign theories. At the end, this article noticed that the law-executor must take care of their duties as well as the difference with other rules of conflict law. Only by this way, can we fully guarantee the maximum value of Mandatory Rules.