On The Principle Of Party Autonomy In Chinese Legislation Relating To Law Application For Movable Property Right

In 2010,our country enacted the Law Application of Foreign Civil Relations,which made special provisions of the law application of right of movable property.It is not only fills the legislative gaps but also causes great concern because of the introduction of the principle of party autonomy.Numerus Clausus is the principle of Property Law in our country,but the debate on whether the party autonomy will be adopted and be adopted in what extent has not been resolved even if the relevant provisions.Based on the analysis of the causes of the principle of party autonomy that applied in the right of movable property,this paper analyzes and evaluates the legislative stipulations of the principle of party autonomy in the application of the right of movable property.And try to sort out the existing problems and find ways to solve the problem and put forward suggestions to solve the problem.This paper is divided into three parts with inherent logical connection:The first part analyses the reasons of the principle of party autonomy that applied in the right of movable property.Sometimes where the property located is difficult to be confirmed,or it just has occasional connections with the movable property,so the application of the traditional principal “Lex situs ”is facing challenges.On the other hand,movable property itself has space for party autonomy.The application of the principle of party autonomy can avoid the uncertainty of the lex causae which is caused by the changes of the location of property and enhances the parties' reasonable expectation of law application,it also keeps the coordination of lex causae of the contract under the circumstance of the changes of the right of movable property.All these advantages make the principle of party autonomy become an inevitable choice when we consider new methods of law application in the field of the right of movable property.The second part expounds the legislative stipulations of the principle of party autonomy in the application of the right of movable property.In related provisions of our country,as a primary principal of applicable law,the principle of party autonomy is adopted in the field of general and transporting movable property,and it is the same as the contract field of party autonomy principle completely.The way of autonomy is adopted express as principle and taciturnity as exception.In the field of transporting movable property,the applicable law of the parties' agreement is only applicable to the change of the real right,but in the field of general movable property,which has no limitation of the scope of the law can protocol selection,and even apply it to all real property rights issues.The third part demonstrates the defects and perfection in the legislation of the principle of party autonomy of the movable property in our country.The full party autonomy in the legislative provisions lacks the necessary restriction on the effect of party autonomy,the scope of parties' selection and the scope of application of the law chosen by the parties.In view of the shortcomings of the legislative provisions,for the unrealistic premise of the amendment procedure,this can be combined with the use of the principle of party autonomy that requires some operational norms of cooperation,and through the necessary restrictions of the judicial application for the party autonomy principle to be overcome.Mainly as: the time of party autonomy should be limited before the end of the first-instance court debate.Because of the limitation of the Numerus Clauses,it must ensure that the effect of party autonomy can only be the two sides of the property disputation,and can' t confront the third party.The law chosen by the two parties should have real connections with the disputation,and it can only be adopted in the problems of the movable property changes.In addition,the application of the principle of party autonomy must be limited to the mandatory rules and principles of reservation of public order.