A Comparative Study On Autonomy Of Chinese And Japanese In Private International Law

China and Japan have almost the same and a narrow strip of water,the tradition of legal culture.Law applicable to the legal application of the People's Republic of China's foreign civil relations(hereinafter referred to as the law applicable to the law)and The time of revision of the general law on the application of law in Japan is relatively close,and the legislative differences and background of the two are studied.It has a certain reference to the promotion of the legislative level of private international law and the standard of judicature and the extension of the scope of academic research.Autonomy is one of the basic methods for selecting foreign civil and commercial disputes,and has always been the first choice for the settlement of foreign contractual disputes.After the second conflict law revolution,the application scope of autonomy of will has expanded to such areas as foreign tort,movable property,unjust enrichment,intellectual property and trust,etc.It is of great practical significance to study the differences and similarities between the autonomy and autonomy of the two countries in the legislation and practice of China and Japan.This article first analyzes and compares the similarities of the autonomy of the Sino Japanese private international law.The autonomy of the ways of expression,because the express choice have very specific advantages in both China and Japan are to be recognized;at the time of choice of law,provisions of the two countries are very similar,both parties to the freedom of choice;China and Japan in the supplementary autonomy system were used to determine the applicable law of contract most closely contact principle in the contract conflict law,if the parties fail to choose the applicable law governing the contract,the judge can through the most closely linked to the principle of the guidelines to determine the applicable law of contract shall be applicable.Secondly,the difference of autonomy in the private international law of China and Japan.This paper focuses on the analysis and study of the orientation,limitation,the scope of the choice of law and the specific system of the system of autonomy of the meaning of the meaning.The basic principle of Chinese as the applicable law of autonomy,while Japan is as the basic method for legal action method;China's restrictions on autonomy is the reservation of public order,the Japanese can not damage the interests of the third requirements;because of Japan in dealing with the problem of Renvoi attitude and China are two different.Prominent differences in scope of choice of law;the concrete system,emphatically analyzes the difference between consumer contract and labor contract.In Japan the autonomy in private international law on the basis of comparative analysis of autonomy in our country "law applicable law" applicable significance and autonomy of new expansion,and to our country "law applicable law" put forward the perfect suggestions,mainly from the law subject,choose the autonomy of choice of law two a proposed own suggestions.