| The principle of autonomy is often invoked when concluding a contract between the two parties,which is aim to choose different laws of different countries to solve the dispute when the contract dispute occurs.Qianhai Cooperation Zone is located in Nanshan district of Shenzhen,near to Hong Kong and Macro.It is established to promote the cooperation in the field of economic of the pearl river delta region,which is also help to boost the international cooperation.With the development between the two places,it is unavoidable produce to many legal issues.Owing to the differences between mainland an Hong Kong,the communication in these area is inconvenience without private inter-regional law.The current legal framework allows the parties involved in Hong Kong,Macao and Taiwan or foreign factors to choose the Hong Kong law on the issue of applying the Hong Kong law in the contracting parties of Qianhai Cooperation Zone.For those parties who are not involved in foreign affairs,there is a legislative obstacle to the choice of the applying Hong Kong law.In the settlement of the problem,many international treaties have made a general interpretation of the foreign affairs of the contract,not even to distinguish between international and domestic contracts,give the parties the right to choose the law.When the principle of autonomy is not perfect,the solution of the problem should respect the current situation of legislation in our country.Through the judicial approach,such as the judge in the case to grasp the identification of foreign factors,the parties will write specific terms of foreign law into the contract and other practices to meet the requirement of parties to applying the principle of autonomy.For the way the parties choose the law,our country recognizes the pattern of express choice and the limited choice of implied choice.The express choice is an option that is recognized by most countries today,and for the implicit choice of law,the attitude of each country is not quite consistent.Hong Kong recognizes the laws of express and implied choice.The mainland of China only limits the law of implied choice to the case where the parties invoke the same law without objection.In the field of economic cooperation,it tends to cause the freedom of parties to express their wills.Under the background of building an open business environment of our country,the method of selection should not be cured.It should be considering the practice of the implied selection of the situation,and learned from other international treaty provisions to confirm the status of the implied election and the applicable situation.As for reservation of public order,it is used to preserve the public interest both in Hong Kong and the mainland of China.Because of the differences in the content of public order,and the absence of a unified Interregional private international law,this system is often abused by the judges,resulting in the parties failing to choose the extraterritorial law.In the future,the system of public order reservation should be more focused on defining the applicable principles and application of the system,which is helped to promote judicial cooperation and communications between the two places.The need for the application of extraterritorial law in the courts of the Qianhai Cooperation Zone requires the establishment of ascertainment of extraterritorial law to better safeguard the rights of the parties.At present,in Qianhai Cooperation Zone,there has been a platform for third parties to identify extraterritorial methods.Taking into account the shortcomings of existing methods in the mainland of China,the reasons for the difficulties of ascertainment,and the legislation providing legal possibilities for the refinement of the platform,We should improve the rules and innovation mechanism of the platform by perfecting the third party domain method,and build the third-party legal service organization in Qianhai Cooperation Zone,and gradually improve our system of ascertainment of extraterritorial law. |
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