Huber' International Comity Theory And Its Inspiration To China

As a landmark theory system in the history of private international law in the 17th century,Ulrik Huber's doctrine of comity has rich and profound connotation.The nature of international comity is mandatory norm rather than moral humility in both private law theory and judicial practice.The author tries to explore the past and present life of Huber's theory of international comity from the legal,philosophical and historical aspects.From the perspective of ideology and politics,the view of absolute sovereignty runs rampant in the world and the western philosophical spirit of rationalism provides a fertile ideological soil for Huber's comity theory.From the perspective of social science,the legal tradition of the all-encompassing Roman civil law and the historical environment of the Netherlands seeking to expand and dominate the world provide a solid material foundation for Huber's comity theory.From the perspective of theoretical text,the word choice and sentence construction of huber's theory of international comity and the dialectical development process of negation and negation by later scholars such as store,bill and currie have once again proved the mandatory nature of huber's international comity.And our country present stage in the recognition and enforcement of foreign judgments abide by principle of mutual benefit,although the principle of reciprocity in academia has long suffered the criticism of the parties,but in the face of China's socialist modernization under the background of history,it still has the space of survival and development theory,the abolition of the applicable is by no means can be done overnight,especially the area along the initiative of reciprocity puts forward new challenges to our country.Therefore,how to find the important enlightenment suitable for China's socialist modernization rule of law from Huber's theory of international comity becomes more important.The author believes that under such a complex and contradictory background,China should adhere to the international cooperation on the basis of comity and the mutual cooperation between comity and reciprocity.Only in this way can China finally contribute to the realization of the rule of law of socialism with Chinese characteristics.