A Study On The Application Of The International Mandatory Rules Of The Third Country In Private International Law

International mandatory rules are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests,such as its political,social or economic organization,to such an extent that they are applicable to any situation falling within their scope,irrespective of the law otherwise applicable to the contract.The complete system of international mandatory rules should consist of international mandatory rules of the forum,international mandatory rule of the law chosen by the Parties as well as the international mandatory rules of the third country.This paper aims to ascertain that: first,in comparison with the international mandatory rules of the forum,what is the status quo of the international mandatory rules of the third country in international commercial relationships;second,international mandatory rules of foreign country(including the international mandatory rules of the third country)is still absent in the then-current Choice of Law for Foreign-related Civil Relationships of PRC.However,with the continuing development and opening market towards the international community,it is inevitable that Chinese Courts will have to deal with the application of international mandatory rules of third country claimed by the Parties.Given the absence of related rules,how could Chinese Courts cope with the claim of applying international mandatory rules of third country? Taking note of these concerns,this paper conducts study on the application of international mandatory rules of third country both in lawmaking and judicial practice from international level to domestic level and summarizes the common practice thereof.The conclusion of this paper is that even though direct application of international mandatory rules of third country has not been widely accepted by all countries.Indirect application of the international mandatory rules of third country is the alternative.Nevertheless,several international treaties and domestic laws contribute and represent the tendency.By learning the current lawmaking and judicial practice of the other counties,it is suggested that China could adopt the application of international mandatory rules of third country with cautions.