Research On The Protection Institution To The Interests Of The Weak In International Private Law

With the continuous development of economic globalization, prompting the international civil and commercial exchanges increased, appear unequal social status and other factors to produce the disputes are not uncommon, in order to get a fair settlement disputes, we need to in the disadvantageous position of the parties shall be given special protection. The idea that the protection of the rights and interests of the weak in the international private law is more and more accepted by all countries, and it is also reflected in the international treaties and many countries’legislation. This is the emphasis of the modern international private law on the humane spirit, and the concrete manifestation of the transition from formal justice to substantive justice. Modern private international law of most closely linked to the principle, benefit principle, meaning autonomous principle, the reservation of public order, direct application of the method of many of the principles are reflected in the protection of the interests of the weak. Many developed countries in various fields of foreign-related marriage and family, foreign-related contracts, foreign-related tort civil and commercial relations, to bring up the person, by the guardian, consumers, workers, infringement people weak give special provisions on the protection and the principle of protecting the interests of the weak has become generally accepted by the nations and scholars of private international law principles. To protect the rights and interests of the weak, to achieve substantive justice has become the mainstream trend of the development of international private law. The introduction of our country the foreign-related civil relations law applicable law, make our private international law on protection of the weak interest long-term legislative gaps get up, of which about the protection of the rights and interests of the weak parents and children, be brought up, consumers and other provisions embodied in the is a great progress of Chinese private international law legislation, the protection of the rights and interests of the weak foreign-related civil relations law "is a milestone significance. However, compared with the protection of the interests of the weak in the international private law of other countries, China’s international private law in the interests of the protection of the interests of the weak to be improved. In this paper, we start with the overview of the weak, from the concept and characteristics of the weak, the analysis of the legal basis of the international private law for the protection of the rights of the weak. Then, the system is summarized and summarized in the system of the principle of protecting the rights of the weak. Finally, on the basis of the above analysis, this paper analyzes the differences between our country and the international community to protect the rights and interests of the weak, the protection of the weak rights and interests of China’s international private law and put forward a sound proposal.There are four chapters in this paper:The first chapter is an overview of the weak in international private law. First from the concept of "weak" this word definition and characteristic of, first from the sociology of weak concept and law of the weak concept of then explain the international private school law weak concept to define the concept of the weak in private international law. Based on this, the main identity of the weak in the international private law is summarized. Then from the protection of the interests of the weak theory began to discuss the need to protect the weak. The legal principle of the protection of the weak in the international private law is analyzed. From the point of view of theory, the principle of protecting the weak rights and interests is analyzed, which reflects the concern of the international private law and the pursuit of substantive justice. This fully reflects the modern international private law in the value orientation from the form of justice to the substantive justice of the conversion, but also the mainstream of modern international private law. This is the first step to protect the rights and interests of the weak, is to explore the international private law for the protection of the rights of the weak, an important first question.The second chapter summarizes and generalizes the embodiment of the protection of the weak’s rights and interests in the international private law. Including the principle of the most closely related, the principle of the principle of autonomy, the principle of autonomy, the direct application of law, the "benefit" of the rules, the reservation of public order, the evasion of law, the identification of foreign law.The third chapter is the protection of the weak in private international law embodied, first according to the international conventions and regional legislation began, the United Nations conventions on private international law, the Hague Conference on private international law, the European Union through the protection of the interests of the weak summary now treaties of private international law on the interests of the weak insurance concept and status quo of nursing, and conflict from the normative level, induction and summarized the embodiment of the protection of the rights and interests of the weak in private international law. Including foreign marriage and family fields, foreign contract areas, three aspects of foreign infringement.The fourth chapter is the analysis of the status quo of the protection of the weak in the international private law of our country. From our country the foreign-related civil legal relationship of applicable law of respectively from three aspects of foreign-related marriage and family field, the field of foreign contracts, foreign-related tort, summarizes the present situation of China’s protection of rights and interests of the weak, and in the light of China’s private international law deficiencies in the protection of rights and interests of the weak, put forward suggestions for improvement of China’s international private law to protect the rights and interests of the weak. Through the clear definition of the weak concept, clear the protection of the weak object; expand weak the foreign-related civil legal relationship of applicable law of our country, relationship between husband and wife in vulnerable side of the rights and interests protection, protection of international insurance contract is the interests of the insurer into legal adjustment scope; limit the judge’s discretion to our private international law protection of rights and interests of the weak puts forward relative suggestions.