On Dépe(?)age In The Private International Law

Dépe(?)age in private international law was created in the American Choice-of-Law Revolution in 1960s and 1970s.It refers to the split of an International Civil and Commercial Case into a number of individual issues.It is a choice-of-law method that selects the corresponding governing law according to the characteristics of a particular substantive issue and finally apply different governing laws on different issues.It mainly based on the court issue-by-issue analysis.Chinese private international law theorists introduced this concept a long time ago,but understanding of Dépe(?)age was inadequate in general and the misuse of the concept of split was common.The aim of this thesis is to clarify this concept and lays a solid foundation for the application of Dépe(?)age.This paper is intended to provide a solid theoretical basis for the application of the Dépe(?)age,which shows that the Dépe(?)age is a possible but non-inevitable result of the legal choice analysis of the court-by-case problem.The reason for the"division" is that the basic unit of legal choice changes from the whole case(legal relationship)to the specific problem in the case(different aspects of the legal relationship),that is,the legal choice analysis mode from the legal relationship analysis method to "one by one problem analysis".This change is the inevitable requirement of the value orientation of modern private international law from the perspective of conflict justice to substantive justice.The main point of this thesis is that modern countries pay more attention to the pursuit of substantive justice and case justice when dealing with international civil and commercial cases.Therefore,the Dépe(?)age is used as the basis of legal choice for specific cases.The discretion of judge is an inevitable choice.The focus of the Dépe(?)age should not be whether the Dépe(?)age should be adopted,but rather how the Dépe(?)age should be used to avoid unsuitable Dépe(?)age and how to achieve the flexibility of the decepege in realizing case justice.Besides the introduction and conclusion section,the structure of this thesis is as follows:The first chapter defines the concept of Dépe(?)age,introduces the different definitions of Dépe(?)age by domestic and foreign scholars,and clarifies the scope of Dépe(?)age.The second chapter is the theoretical analysis of the Dépe(?)age,which aims to explain the reason and theoretical basis of the Dépe(?)age,and to demonstrate the necessity and feasibility of using the Dépe(?)age.The third chapter is the practical application of the Dépe(?)age and analyzes the status quo and the existing problems of the application of Dépe(?)age from the perspective of legislative and judicial practice.The fourth chapter is the Dépe(?)age method of private international law in China and analyzes the present situation and the problem of the Dépe(?)age in the international private law,which obtains the inspiration from the new development of the Dépe(?)age.