The Restriction Of Party Autonomy In The Applicable Law

Until now,the principle of party autonomy in the applicable law has been one of the most important and general principle in private international law.The embodiment of party autonomy is to choose the proper law freely when solving the dispute and adjusting the legal relationship,but this freedom is not absolute and unrestricted.At the beginning of the theory of party autonomy,the advocates advocated the relativity of freedom of choice,and the principle of party autonomy includes two content——the party's freedom of choice and the restrictions of party autonomy,from the perspective of the connotation of the principle of party autonomy.Therefore,to restrict party autonomy is necessary.The purpose of limitation is to ensure the legitimacy of autonomy and protect the interests of the community and the vulnerable individuals,other than hinder party autonomy.Specifically,the restrictions of party autonomy can be divided into body restrictions and external restrictions.The body restrictions include the limit of subject,the time limit,the limit of selection range and the restriction of selective method.External restrictions include the reservation of public order,the mandatory norms and the principle of protection of interests of the weak.There are many shortcomings in the rules that restrict the autonomy of the parties.The time of choice is too late,which is not conducive to improve litigation efficiency and safeguard the interests of the parties.Rule out the way of implied choice of law.The rules governing the reservation of public order are too vague and rough,and are likely to cause abuse of judicial discretion.The scope the mandatory rules are not sufficient to cover the scope of the protection that should be protected,and there is still a lack of protection of consumer rights..To solve the problems above,the parties should choose the proper law before the first hearing,and we should admit the implied choice of law and refine the criteria for the determination of the implied choice of law.Moreover,we need to clarify the conditions for the application of the rules of reservation of public order,and expand and supplement the scope of mandatory norms,in order to prevent the damage of party autonomy caused by the abuse of discretion.