On Regulation Of The Behavior Of Evasion Of International Private Law

With the increase of modern international civil and commercial communication, behavior of evasion of law frequently occurs, which severely impacts on domestic public order and damages fairness and justice of law. The main countries of two fundamental systems of law all take measures to regulate it, but their measures of regulation are not the same. Consequently, we should make the thorough discussion on the ways to regulate behavior of evasion of law from the perspective of International Private law, so as to provide necessary theoretical support and thinking development path for constructing the effective ways to solve this problem.In the past years, The law evasion system is a traditional system to regulate the evasion of law. The existence of this system is reasonable, but with the development of globalization, it demonstrates its flaws. So it’s worth studying weather make this system as the direct regulatory way.This paper discusses the regulatory ways of the evasion of law in International Private Law and the current problems, which gives some related suggestions in the last part. In the first part, it make the difference between the law evasion behavior and the law evasion system, and make the difference between the narrow and broad sense in the law evasion. The paper defines the law evasion as the foundation of the paper. At the same time, the paper summarizes the fields, constitutive conditions and reasons of evasion of law. In the second part, it does the realistic analysis on the regulatory ways of law evasion in International Private Law and the relationships between related ways, which makes the foundation as the later regulatory suggestions. In the third part, in order to make the necessity of replacing the law evasion system clear, the paper points out the problem of the direct regulatory way, that is the theoretical defects and practical confusions of law evasion system. The fourth part proposes several specific suggestions of regulating the law evasion behavior from the perspective of International Private law, which requires avoiding the law evasion behaviors radically and considering some related alternative legal suggestions instead of law evasion system. On the one hand, in order to reduce the law evasion behavior, the paper suggests perfecting domestic substantive law and international uniform substantive law. It can also tend to use flexible law selection rules. On the other hand, other ways can be considered to take instead of the law evasion system, such as the combination with the system of mandatory rules application and the public order system.The softening of connecting points in conflict rules and making the fact of law evasion as the justification are both suggested to regulate the law evasion behavior and protect the domestic order and legal justice.