Research On The Application Of Principle Of Autonomy Of Will In Network Of Private International Law

With the rapid development of the Internet, the traditional basic theory and the system of private international law has been challenged. Especially for the characteristics of cyberspace, just as global, real-time, autonomous, virtual and diffusion and so on, the traditional objective connecting point can not be applied. Applicable law violations, for example, faced with increasingly frequent and continuous new variety of network tort, the traditional principle which is "foreign infringing applicable law of tort" becomes powerless. Because it’s virtually impossible to identification and to determine the behavior of the network infringement. Even the most closely related principles applicable law can not be solved network violations. And the principle of autonomy is not, in the case of objective connecting point can not be determined using the principle of autonomy, the parties may choose the applicable law as the law applicable to violations of foreign networks. Network International Private Law applies the principle of autonomy not only its necessary, but also feasible. As well as help the court and the recognition and enforcement of arbitration awards. In view of the paper to "the principle of autonomy in the network of private international law as applicable in the topic, based on the basic theory of the principle of autonomy of interpretation, it discusses the generation and expansion of the principle of autonomy, and then discusses the principle of autonomy in the international network Private applicable necessity and feasibility, and the discussion focused on how to improve the principle of autonomy means the international network of Private Law. hoping through this study, to improve our network of private international law applicable to the principle of autonomy in legislation and practice vary benefit.The thesis includes the following four parts:The first part describes the emergence and development of the autonomy principle. Generally it believed that the earliest meaning of the principle of autonomy in the 16th century French scholar Du Moran made. This mainly refers to the principle of contract (contract) the parties may jointly choose the applicable law applies to foreign-related contract (contract) relationship. However, due to the principles of facilitating international trade and foreign relations of the resolve contract disputes, to date, almost all countries have accepted the principle to determine the foreign law applicable to the contractual relationship important principle. Moreover, since the principle of flexibility legally applicable and conducive to achieving the purpose of the protection of the interests of the weak, to date, that principle is constantly to such violations in the field of foreign, marital property relations field, the field of foreign relations of trust, foreign arbitration areas of agreement as well as the International Civil movable property and other areas of rapid expansion.The second part discusses the need for a network of private international law in application of the principle of autonomy means. The need for a network of private international law applicable principle of autonomy mainly in the following aspects:it is by the special nature of cyberspace decision. Cyberspace global, real-time, autonomy, consciousness especially virtual and other characteristics, determines the network of private international law and other parties to the nationality or residence as a connecting point to determine the applicable law related to the legal relationship or less possible, or less reasonable. It is the principle of autonomy of the individual characteristics of the decision; it is in line with the development trend of the network of private international law.The third part, explain the feasibility of private international law applicable in the principle of autonomy. At present, many network contracts include a choice of law applicable to the agreement terms, and even the Internet Protocol parties choose arbitration to resolve disputes between them based on network behavior occurred. In reality, many cases have shown that the principle of autonomy applies not only to determine the network behavior dispute jurisdiction, and may be based on the principle of autonomy to determine the network behavior controversial law applies even further based on the principle of autonomy to determine the network behavior dispute settlement way.The fourth part discusses the recommendations to improve the network of private international law applicable in the principle of autonomy. First, we should improve the legislative network of private international law, including the principles and content of the legislative arrangements. Content arrangement relates to the principle of autonomy means the scope of the network of private international law, applicable methods, applicable restrictions as well as the principle of autonomy supplementation. In addition, it should be further improvement of the network of private international law on the application of the principle of autonomy of the judicial interpretation, so as to subject the case by the Court in the case of foreign network to correctly apply the principle of autonomy to provide scientific, comprehensive legal norms.