The Application Of The Principle Of Parties' Autonomy In Foreign-related Tort

Judging from the development of private international law,the law applicable rules in the field of foreign-related tort have long been characterized by simplification and stereotype,and the principle of tort apply to the law of the place where a tort occurred is firmly in the dominant position.However,since the beginning of the 20 th century,the rapid development of economy and science and technology has made the principle of tort gradually show its mechanical and rigid aspects when resolved tort conflicts.As a result,a change has quietly occurred.In 1987,the Switzerland first lead the principle of autonomy into the field of foreign-related tort in its private international law,and allowed the parties to choose the applicable law governing foreign-related tort disputes.After that,this practice is widely promoted in the whole world,and major countries of the world such as Germany and Belgium followed Switzerland in succession.They have stipulated party autonomy of the field of foreign-related tort in their own countries.China has made the same regulations.Based on the basic theoretical research of the principle of autonomy,and combined with the legislative practice of each country,this article discusses the application of the principle of autonomy in the field of foreign-related tort,including the restrictions it should be subject to,and hopes to provide reference for the principle of autonomy in the field of foreign-related tort in The Law of the People's Republic of China on Foreign Civil Relations Law(hereinafter referred to as the legal application law).This article will be discussed in four parts:The first part firstly introduces the origin and development of the principle of autonomy in private international law,and points out that the principle of autonomy is gradually expanding from the conflict field of foreign contract to the foreign non-contract.Later,this article will analyze the reason why the principle of autonomy be brought into the field of foreign-related tort.The defect of the principle of tort,unique advantage of the principle of autonomy and the return of the property characteristic of tort law are the main three reasons.The second part mainly discusses the concrete manifestation of party autonomy in the field of foreign-related tort,mainly include subject of autonomy,the method of choice in autonomy,the time of choice in autonomy,the scope of choice in autonomy and the scope of item in autonomy.The third part elaborates the principle of autonomy as a representative of respect for private rights,it is necessary to be given some restrict in the process of application in order to avoid some damage because of the improper spread of party autonomy.The application of public order reservation system and mandatory rules are the important means for protection public order of the country where court located.In addition,in order to guarantee the equality of status between the autonomy subjects in foreign-related tort,we need to provide special protection to the weak.The fourth part is based on the legal application law,and it combing the application status of China's principle of autonomy of foreign-related tort.Through comparative analysis,we found that China's shortcomings in specific application methods,and for make up these shortcomings,this article put forward some relevant suggestions.