Research On The Principle Of Autonomy Of Will In The Application Of Foreign Contract Law

Foreign-related contract is a kind of important communication type of civil conservation,while the law application of the foreign-related contract is the important issue of private law for regulating the foreign-related civil and commercial relationship.The party autonomy principle is the primary principle in the law choice principle of the foreign-related contract law application.The improvement of the party autonomy principle of the foreign-related contract law application will make the choice of law more voluntary and equity,and it play a important role in the promoting the communication of the commercial and trade,mixing the different law culture in different jurisprudence and maintaining the private law feature of different jurisprudence.First of all,this article introduce the main theory and the process of the development of the autonomy principle in the foreign-related contract law application,give a brief introduction of the specific regulations about autonomy principle in the foreign-related contract law application in Rome I and Restatement of the second conflict of laws in the United States.Secondly,through empirical analysis,this article study the issue in the party autonomy in the foreign-related contract law application in judicial application.foreign-related contract cognizance clause is not clearly;the autonomy principle in the rest type of foreign-related contract is not stipulated;the standard and the alteration for the party choosing applicable law is not clearly;the logical relationship between the characteristic performance principle and most significant relationship principle is not clearly;the autonomy principle in the foreign-related consumer contract is imperfection;the autonomy principle in the foreign-related labor contract is imperfection;the principle of protecting the interests of weak parties await to enhance.Finally,compared with the regulation of Rome I and Regulation and Restatement of the second conflict of laws in the United States,this article propose practicability suggestion to make the related rules more perfection such as:clear anddefinite the foreign-related contract;stipulate the autonomy principle in different types;stipulate the standard of the party make the choice of the law and how to change the choice;discriminate the logic relationship between characteristic performance principle and most significant relationship principle;improve and perfect party autonomy principle in foreign-related contract of restrictive provision;improve and perfect party autonomy principle in foreign-related contract of consumer;improve and perfect autonomy principle in foreign-related contract of labor;enhance the principle of protecting the interests of weak parties.