Study On Qualification System And Its Application In International Civil And Commercial Cases

Qualification as an important system in international law, is to follow the continuous development of international private law. With the qualification problem, as well as the later it as an important system in the private international law to conduct a theoretical study of its name, meaning and definition of the debate has never stopped. The author in carries on the analysis to the main academic point of view and the legislative expression that qualification is identification from the specific facts of the case to extract the relevant legal relationship, and determining of the legal relationship; to determine the rules for qualification the conflict laws should be, then according to the conflict laws to determine the applicable law should be.Through the analysis of the causes of the conflict, the author finds out the manifestations of the conflict, which is the subject of the conflict. Through the analysis of the qualification of the parties and judges in the actual case, it is considered that the party's autonomy of meaning and the judge's authority should be combined.Based on the analysis of the advantages and disadvantages of the main qualification theory, it is concluded that the most closely related theory is to improve the court theory.On the qualification of the specific international civil and commercial cases, the author combined with the case analysis, the qualification that not only exists in the legal application phase, but also in the establishment of the jurisdiction of the stage. In the jurisdiction establishment stage, it should pay attention to foreign-related cases and the cause of action qualification. In the stage of application of law to pay attention to the distinction of substantive and procedural issues and substantive issues in specific legal relationship qualification.