On Protection Of The Weak In Private International Law Of China

International communication increasingly frequent in today's society,foreign-related civil and commercial legal relations will become more and more complicated,inequality factors also more and more.To be fair to solve the legal disputes,we must be protect the disadvantaged party,it also accords with the mainstream values of international private law.To study the protection of the rights and interests of the weak in international private law of China,the first step is introducing the protection of the rights and interests of the weak,discusses the concept,historical evolution process,from the bud to establish to now will become the trend of basic principle.The main tip is using historical analysis method for various periods of legislation and judicial practice are analyzed in this paper.The second step is the protection of the rights and interests of the weak reflected in private international law of China,with both basic system and level of conflict rules.This is the main part of this paper,also the focus of research in the article.In the basic system of international private law legislation,I mainly analyze the relationship between the most significant relationship principle,limit the mandatory provisions shall be applicable to the principle of party autonomy,the reservation of public order and protection of the rights and interests of the weak and their impacts on the protection of the rights and interests of the weak.According specific conflict rules in the international private law of China,the infringement of foreign-related contracts,foreign,foreign marriage and family areas were studied.To a certain extent,the most significant relationship principle embodies the principle of protection of the rights and interests of the weak,and the principle of protection of the rights and interests of the weak and on the principle of the closest perfect,both are not opposites,but complement each other.Limited autonomy principle embodied in the legislation of the international society have different forms,and different forms of the protection of rights and interests of the weak is also different.Mandatory provisions of applicable,from another level to achieve the effective protection of rights and interests of the weak,expanding the international private law to protect rights and interests of the weak,the protection of the rights and interests of the weak adjustment means more diverse,also make the protection more direct and more powerful.Although at the beginning of the reservation of public order system set up,and no contact with protection of the rights and interests of the weak deliberately,but in practice,to a certain extent,safeguard the legitimate rights and interests of the weak indeed,because of its particularity,the related problems should be paid attention to when using in order to better carry out the protection of rights and interests of the weak,in order to conform to the trend of the development of private international law.Although the law of the applicable law to international private law in our country has made great progress,but there are still many deficiencies.Such as the weak determine the scope of the standard fuzzy and narrow,slightly less effective method for protection of rights and interests of the weak,reservation of public order of disadvantages,such as the stipulation that the specific level of conflict rules of regulations,there are also worthy of further discussion.Thirdly,in clear the shortcomings of the relevant regulations in China,I analysis and study international private international law on the protection of the rights and interests of the weak,learning the advanced place.Finally,based on the research of the international treaties and foreign legislation,using generalized method,combined with national conditions,I put forward rationalization proposal for China's international private law on the protection of the rights and interests of the weak.The advice not only Include to clear standards to determine the weak and expand the scope of the weak,to conducive to the method of the weak as a formula,but also to make the protection of the rights and interests of the weak rise as the basic principle,the connecting points of legal application to increase after the reservation of public order and other basic system.And the rules shall be applicable to the specific provisions of the applicable law act.