Research On The System Of China Reservation Of Public Order

The reservation of public order system is an ancient and important system in international private law,in view of the fuzziness and regional of it,public order is always a hot spot in international private law scholars explore.lt was the first time for China to stipulate reservation of public order in the international private law comprehensively by the method of "general principles of civil law of the people’s Republic",and the article was stipulate in the "people’s Republic of China Law for foreign related civil relations law" in the year of 2011,we can see that China admit the special and independent value of the reservation of public order in private international law.Under this premise, this paper is divided into four parts to discuss our reservation of public order system, at first analyze theory, then interpret the legislation in China, and then find the deficiencies, and finally discuss the relevant provisions of the traditional civil law countries comparatively,in order to remedy legislation of China on the system of reservation of public orderThe first part discusses the characteristics and value of the system of reservation of public order, which rarely discuss In the academic circles. Return to the private international law field, comparing with the evasion of law,directly applicable law, to summarize characteristics of private international law in the reservation of public order system;on the basis of this, extend the value of public order. As the theoretical basis of the legislative interpretation at the next part.The second part, to legislative changes in China as the breakthrough point,to the development trend of the modern world as the background,analyze attitude of China toward the public order, legislative progress.On the basis of "The people’s Republic of China Law for foreign related civil relations law "article fifth,interpretation our existing legislation.By the means of the interpretation to find the shortcomings of existing legislation.The third part, immediately following the analysis of the previous section,points out the shortage of our current laws from four aspects.Determination of injury, identification of the social and public interests, consequences of excluding the application and different legislation applicable order.The fourth part, introduces the regulations of the traditional civil law countries legislation on the reservation of public order system, also introduces the British and American provisions on public policy, hoping that by the method of the discussion of the developed country,whose rules are more completed and the advanced, to find a solution to make up the shortage of legislation in our country, to make the reservation of public order system will be more comprehensive and scientific.