The Application Of The Principle Of Autonomy In Private International Law

Private international law on the autonomy principle is mainly used to solve the problem of applicable law to a foreign related contract,but with the continuous development of private international law theory,its application gradually expanded to such as tort,marriage,inheritance,foreign-related civil and commercial fields such as intellectual property.On April 1,2011 formally implemented the foreign-related civil relationship of the People's Republic of China law applicable law and the supreme people's court on the applicable law applicable law > < foreign-related civil relationship(a)"the explanation of some issues are established the meaning autonomous principle of private international law in our country.But in judicial practice,the use of this principle is still has many problems: in the legislation of "general rules" by mistake,use the court view reasons things out the rough logic confusion and other significant issues.The concept and connotation are demonstrated by document analysis method and comparative analysis method in this paper,so the issues in application of the principle of autonomy could be clarified and researched by empirical analysis method,based on the issues,document analysis method and comparative analysis method could be used to analyze the previous related theory,then offer proposals to improve the existing legislation.This paper comprises three chapters.The first chapter of private international law on the basic concept,history and development of party autonomy principle are introduced,the research development of party autonomy principle in our country,gradually establish and related to the requirements of the legislation on the analysis of the system.The second chapter mainly discusses the principle of party autonomy in the court of foreign-related judicial practice in our country the concrete application of the empirical analysis.To apply the principle of party autonomy to make empirical analysis of the verdict foreign-related civil and commercial cases and points out existing problems.The third chapter focuses on the perfection of international private law autonomy principle in China,puts forward related legislative proposals.Thesignificance of party autonomy principle in foreign-related civil and commercial cases,but there exist some problems in the judicial practice in our country,so it is necessary for the above problems puts forward Suggestions of how to further perfect our legislation.