Font Size: a A A

The Doctrine Of The Most Significant Relationship In Private International Law

Posted on:2017-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:N Y ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
The doctrine of the most significant relationship is not achieved overnight,but experienced a process of germination,generation,development and perfection.In this dissertation,we analyzed the deep reasons why this doctrine was created in the United States in 1960 s and 70 s,from 3 aspects of the political and economic,value orientation,the philosophy of law background and so on,The main advantages of the doctrine of the most significant relationship were flexibility,emphasizing the unity of law application,the pursuit of fair results.But the theoretical construction was not complete,lacking of interoperability,which bringed the risk that the discretionary power was abused.From the degree limitting the discretionary power,the using of the doctrine of the most significant relationship could be divided into the United States model,the continental European model,the Hague Convention model.The doctrine of the most significant relationship was most closely becoming the basic doctrine and the basic doctrine in the application of the law of China's foreign-related civil relations.The doctrine in China's laws played a supplementary,substitute,correction function and a direct function solution.In addition to the existing defects of the principle itself,in China's unique social and legal environment,the application of this principle also existed many problems,including arbitrary use,and the lacking of judge's quality and supervision system.Finally,the dissertation maked some suggestions about the improvement of the doctrine of the most significant relationship.
Keywords/Search Tags:The doctrine of the most significant relationship, Characteristic performance, The application of law, The right of discretion
PDF Full Text Request
Related items