Research On The Madatory Provisions Of Private International Law

In the 1960s, the theory of European private international law showed that there exists the rigid trend of the private international law, among which the theory of mandatory provisions of private international law has become the dominant trend. In order to meet the needs of reality, the law was first formulated the mandatory rules in Article 4 of "foreign-related civil relations law" that passed in 2010, which makes the system become one of the most important parts of multiple selections of our private international law system. However, considering the judicial practice of our country and comparing the applicable law of legislation, it is difficult to identify mandatory provisions. Besides, because of penchant for unilateralism and informal legal terms, there still exist some improper application. Mandatory provisions of private international law mainly involves the development of theory, the definition, nature. And we focus on comparing with other related concepts, like the reservation of public order, the evasion of law, unilateral conflict rules and mandatory rules of national significance, by which we can not only prove independent value, but also reflect the application problems. On the basis of above, the paper specifies the application and legislation of mandatory provisions of private international law, which is put into details in three perspective, local, foreign and third country. The legislation of Chinese private international law must base itself on special circumstance of our country and learn from the practice of international society. On the basis of above,the paper specifies the application and legislation of mandatory provisions of private international law.which is put into details in three perspective, local, foreign and third country. The legislation of Chinese private international law must base itself on special circumstance of our country and learn from the practice of international society. The judicial interpretation gives several conditions under which courts must directly apply the related mandatory provisions. This paper attempts to discuss the rationality combined with the relevant theory, legislation, and judicial practice. The judicial interpretation gives several conditions under which courts must directly apply the related mandatory provisions. This paper attempts to discuss the rationality combined with the relevant theory, legislation, and judicial practice.