Research On The Application Of The Party Autonomy In The International Civil And Commercial Contracts

The essence of the autonomy principle in international civil and commercial contracts is the freedom and restriction of the party's choice of law.In recent years,the principle of autonomy of will has expanded both in the application of international contract law and also has stricter restrictions.The "humanism" thought is directly embodied in the private international law as meaning autonomy.This principle combines form justice with substantive justice and reflects the high degree of unity of certainty and flexibility in the legal determination of international civil and commercial contracts.International contracts generally have international factors.The "international contract" referred to in this article is limited to international civil and commercial contracts and includes consumer contracts and labor contracts.Excludes contracts involving kinship laws and inheritance laws arising from marriage or guardianship,and don't include contracts involving government administration and government functions.This paper firstly clarified the essence and meaning of the principle of autonomy.From the characteristics of the theory of humanism to the meaning of freedom of contract,the relevance of the principle of autonomy of will and the choice of applicable law was analyzed.International civil and commercial affairs contracts was analyzed by aspects like specific scope of application and limitations.The focus of application is on specific aspects such as the time,method,and scope of the legal choice,and the restrictions are no exception to law evasion,retention of public order and mandatory norms,and the application of the principle of protection of the weak in recent years in special contracts.We can conclude that the application of the autonomy principle makes the conflict rules of the international contract law application system more flexible and open,and it deserves to be the first principle of the establishment of the contract governing law,which has also been a reason why it can undergoing a hundred years development since its proposed.Then through several important regional and international contract conventions,the general development trend of the international contract law application system was analyzed.These conventions are: the harmonization of the application of debt law in European Union contracts,the unification of the application of the law of debts between the countries of the Americas,and the “General Principles for the Selection of International Contractual Laws”,which is self-evident to China's relevant legislation.We can also realize that the system of application of international contract law is moving from regional unification to global unification.Logically,the article further analyzed the focus of this trend and found the cause of this phenomenon.The principle of autonomy in meaning expands in the ordinary field: the criteria for determining international contracts are relaxed,even allowing pure domestic contracts to choose foreign law;the softening of the choice of law;the loosening of legal choice time;the gradual abandonment of “substantial contact” requirements and the “non-state law” has comprehensive accepted.The reason is that the principle of autonomy of meaning can protect the rights and interests of the parties to the maximum.No wonder it has gained greater popularity.Mandatory norms exclude meaning autonomy in particular areas and apply them directly;while public order retention is due to public policy considerations and can limit or exclude autonomy of the meaning.Whether to consider foreign mandatory rules to restrict the autonomy of the parties,there are different regulations in different countries.In practice,public order reservations are applied with caution.As long as the parties choose the law not to violate the public interest and the interests of other third parties,there is no need to restrict them.In order to comply with the wave of economic globalization,the principle of protection of the weak has also displayed a strong vitality.Its focus has been on the fields of consumer contracts and employment contracts,which can be said to be a significant advancement of form justice to substantive justice.Finally,this essay lists the relevant provisions of the principle of autonomy in the application of the law on the application of foreign civil relations in 2010 and judicial interpretation.Then,it analyzes the issues related to the principle of autonomy of will in legislation and practice,and draws on the development of the application of international contract law.Combining national conditions,it proposes counter measures and suggestions for improvement.