Research On Legislation And Judicial Practice For The Protection Of The Rights And Interests Of The Weak

China has added provisions related to the protection of the rights and interests of the weak in the Law of the People’s Republic of China on the Application of Law(hereinafter referred to as the "Applicable Law"),but due to the general and rough legislation,the relevant provisions have not been implemented.Since the implementation of the "Applicable Law ",it has been difficult for judges in practice to find the applicable law strictly in accordance with the guidelines of relevant legal provisions.Not only does the arbitration document lack a process of selecting a law,it also frequently applies national laws,violating original intention of protecting the rights and interests of the weak in the "Applicable Law".At present,scholars’ discussions on the protection of the rights and interests of the weak are mainly concentrated on the theoretical level.The lack of exploration and analysis of the practical application of relevant legal provisions,so the author uses empirical analysis methods to use the relevant provisions of the Applicable Law and from the network of referee documents.Forty-nine judicial cases were screened out,specifically analyzing the application of the relevant provisions of the Applicable Law and existing problems,and on the basis of studying relevant international legislation andjudicial precedents,put forward legislative suggestions.This article consists of four parts.The first part is the evolution and theoretical basis of protecting the rights and interests of the weak.It mainly expounds the historical development of the protection of the rights and interests of the weak and the protection of the rights and interests of the weak in the context of substantive justice and the influence of the human spirit.The second part explores the existence of the protection of the weak in China through the interpretation of relevant laws and cases.Articles 25,29,30,40,and 42 of the "Applicable Law" have been selected.Since the implementation of the "Applicable Law" By January 1,2020,the case of adjudication based on the above-mentioned law will be analyzed.It is concluded that the problems in judicial practice are caused by the lack of legislation.The third part introduces the international situation about the protection of the weak.It mainly explores the conventions formulated by the Hague Conference on Private International Law,the United Nations international treaties on the protection of the weak,and the relevant provisions of some countries.At the same time,it also selects classic cases on the protection of the weak to analyze and observe the implementation of its laws on the protection of the weak.What are the advantages of China’s comparison and use it for reference.The fourth part is to make suggestions for the protection of the rights and interests of the weak in the "Applicable Law".It emphasizes that the general provisions of the "Applicable Law" increase the principle of protecting the rights and interests of the weak;determine the objects of protection of the weak;draw on the international regulations on the protection of the weak to clarify the standards for the protection of the weak;at the same time,guidance cases were added in time to enhance the operability of the law.