The Principle Of Autonomy Of Will And The Determination Of Applicable Law For Foreign Tort

The principle of party autonomy is a basic principle in the field of private international law,along with the advent of the industrial revolution in the world and increasingly frequent international civil and commercial activities,tort law gradually gets away from the public law nature,pays more attention to the solution of the dispute,so as to highlight the nature of private law,at the same time,the disadvantages of traditional imputation principles of private international law has emerged,thus the world began to pay more attention to the principle of party autonomy for in-depth research.Article 44 Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships made a great effort on introducing the doctrine of party autonomy to China's conflict of laws as applied to tort law.However the regulations are still too abstract and vague,there are still many disputes to be solved in the theoretical circle and judicial practice.Mainly by the method of empirical and comparative study,this paper mainly analyzes the legislative model of "Roma ?" regulation and the United States,in order to provide practical suggestions for the improvement of the system of party autonomy in China's conflict of laws as applied to tort law.The structure of this paper is as follows:First part is about the principle of party autonomy in foreign tort law.The purpose of this part is to deeply analyze the origin and development of the principle of party autonomy in the field of foreign-related tort law and to sort out a clear context.The second part mainly carries on the comparative law research,mainly introduces the overseas development of this principle and the corresponding legislation,hoping to provide reference for our legislation through the analysis and introduction.The third part,the paper introduces the field of tort law concerning foreign affairs in our country at present stage about the main legislation of party autonomy principle,through the parts of legislation and practice,conduct a comprehensive interpretation.At the same time the location of the later in this section,taking an overall examination of Practical Investigation of China's Conflict of Laws as Applied to Tort Law will facilitate locating and solving relevant problems,mainly including the method,scope,and time of the choice of law,etc.The last part summarizes and draws the conclusion of this paper.The principle of party autonomy is an ideal combination of the conflict justice and material justice in the area of torts,which will provide parties expectable legal environment,and ensure the certainty of application of law.Thus,legislators in China should further develop and refine the specific rules for the principle,in order to facilitate and guarantee international civil and commercial communications.