Comparative Research Of Protection Of The Weak In The Private International Law

Development of human society is rational and cruel, there must be people who are disadvantaged in some aspects, regardless of any stage of this process. Especially in the era of economic globalization, inequality has been more prominent as the enhancement of international civil and commercial relations. This inequality is inconsistent with the traditional fair values of justice, and it will cause not only the damage of the interests of the weak but also the the disruption of normal international civil and commercial legal order. Meanwhile, as the transformation of the value orientation of international private law, from formal justice to substantive justice, all the world have begun to emphasize the importance of protecting the rights of the weak, aiming to give tentative protection to the weak by legislation. Concern for the interests of the weak is becoming more obvious, this concern is throughout the principles of private international law, legislation and judicial practice.All the efforts are to realize justice which is the fundamental goal of the private international law.Based on the theme of interests of the weak, this dissertation is divided into four chapters. Firstly, to define "the weak" by analyzing views of the domestic and foreign scholars, then to explore how the weak occur, its legal characteristics and the origins of protecting the interests of the weak in the private international law. Secondly, from the three aspects of mechanism and principles of the private international law, substantive justice and human right theories, this dissertation will elaborate the legitimacy of protecting the weak. Thirdly, by comparing the Hague Conference on Private International Law, European Union law, domestic legislation of typical European countries and China domestic legislation, this dissertation will explore the background, the status quo and development trend of the protection of the weak in the private international law. At last, by analyzing the advanced legislation, this dissertation offers some suggestion to improve our status quo in protection of the weak. To supply the Law of the Application of Law for Foreign-related Civil Relations and explore ways to protect the weak better, improvement proposals are focused on the following three aspects, foreign contract, foreign bonds and marriage with foreign elements.