The Reservation Of Public Order In Private International Low

The traditional theory and existing research pointed out that the role of public order reservation system,foreign legal constraints and the degree of protection and the court's "public order".Relatively old legal system of private international law,the public order reservation system plays a very important role in coordinating the relationship of international private law.But for a long time,the researches on the public order keep still is the law itself and the legal interpretation,causing a certain degree of system performance and profound academic research value is not high,fundamentally speaking,the research for a long time,but also affect the development of the system of people's understanding and maintaining public order more clearly.But the system is reasonable.Far more than traditional learning,has a great influence in violation of the national defense law progress and contradiction.Due to the existence of such a mechanism,is to reject the foreign law applicable law is the "law",in order to reduce the The conflict between the dispute and the state less unnecessary.In the first part of this paper introduces the basic definition of public order,the three aspects of function and significance.Researches on the definition of public order,should be dynamic,static and dynamic point of view is that it refers to the public order reservation system,can be used for international foreign the legal system of exclusion is a basic system and system;static measurement,is a social or national interests and the basic view from the budget system,public order and moral standards,both positive and negative effects.To maintain good public security organs,deprived of the outer ring.Two exterritorialities.Part of the reservation of public order system,and a brief review of these theories.The third part expounds the national legislation and the development trend of the public order reservation system.The fourth chapter introduces the system of reservation of public order legislation.The judicial practice shows that,through in The reservation of public order system.The system analysis and the security situation in our China,keep the public order.On the other hand,in view of the existing problems,put forward the corresponding legislative and judicial practice solutions,and constantly improve the system of reservation of public order.But for a long time,the related Research on public order is still the phenomenon of law itself interpretation and the law,leading to the academic price is not high,in-depth study of the system,to a certain extent,a long period of time,the effect of retention and development of people more clearly grasp the public order.But in fact,this system is not worth the traditional research has a great influence on the conflict the prevention method,because the national contradiction has evolved.Mechanism and application of foreign law will not be considered "legal",in order to reduce the disputes between countries and many unnecessary conflicts.The first part lies Introduces the basic definition of public order,the three aspects of function and meaning.They should be dynamic and static in the research on the definition of public order.From the dynamic point of view,it refers to the public order reservation system,the basic system of international private law can be used as a foreign legal system of exclusion;static measurement,benefit in the standard system and the basic point of view,the social public order or morality,positive and negative effects.We should keep good order,but the negative impact of foreign rule for the rule of law.The second part introduces the theory of public order retention system,and a brief review of these theories.The third part of the national legislation and the reservation of public order system development trend.The fourth part introduces the system of reservation of public order legislation.The judicial practice shows that,in the public order reservation is a positive through our system.In the case of system analysis and security,the public order has retained China,on the other hand,in view of the existing problems,from the legislative and judicial practice in two areas,the corresponding solutions to improve and perfect the public order system...