Study On Principle Of Party Autonomy In The Application Of Laws Over Foreign-Related Civil Relationships Of The People's Republic Of China

The principle of party autonomy in private international law has played an important role in international civil and commercial relations since its beginning.Judging from the time,the application of this principle has presented a loose trend starting from nothing,from foreign-related contact area to non-contact,from strict restrictions on the choice of applicable law to no limit and from bilateral acceptability party to unilateral decision.As many as 15 clauses in the Application of Laws over Foreign-related Civil Relationships of the People's Republic of China,which came into effect on April 1st,2011,reflect this principle.And the principle's scope of application has expanded from traditional contract area to civil subject,marriage and family,property rights,tort,unjust enrichment,negotinrum gestio,etc.However,in terms of legislation and judicial practice,there are still many problems on the principle of party autonomy,such as institutional issues existing in Articles 3,27,37,44,and 50 of the Application of Laws over Foreign-related Civil Relationships and practical defects on the way,scope and time of choosing applicable law.It is better to grasp this principle's connotation and extension over re-examining the principle of party autonomy of private international law,basing on its basic theories,deeply understanding its basis,value and significance.It is helpful to grasp the applicable characteristics of the principle by analyzing related regulations of this law from the foreign-related contact and non-contact area.It is beneficial to excavate unique advantage of the principle through analyzing the problems of the principle in this law in two aspects of legislation and judicial practice,comparing the specific provisions in different countries and using international advanced experience for reference.And then,proposing legislative proposals and reform measures for these issues can perfect legislation and promote judicial practice,so that the principle of party autonomy can play a greater role in private international law of China.