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Research On The Application Of Laws In Rome ? And The Enlightenment For China

Posted on:2019-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:H K ZhangFull Text:PDF
GTID:2506306602975199Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the development of international private law,the application of law on foreign-related torts has always been an unavoidable issue,and the development of global economy and science and technology make this issue more complex.Due to the special historical and geographical environment,the development of the foreign-related tort conflict law in Europe has always been in the forefront of the world.Rome ?,as the latest development result of the application of the foreign-related tort law in the European Union,can be regarded as the representative of the development of the laws on the application of law on torts.At the same time,the Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China("Law of the Application of Law")has stipulated the application of foreign-related tort laws.This law is certainly worthy of recognition,but compared with the provisions on the application of tort laws in Rome ?,it still has some shortcomings.Therefore,the legislative advancement of Rome ? in the rules in respect of application of tort laws and the value behind it are of great theoretical and practical significance for the improvement of the relevant legislative provisions in China.The first part of this Paper mainly summarizes the legislative background,scope of regulation,etc.of Rome ?.The second part mainly analyzes the general rules and special rules regarding the application of tort laws in Rome ? and summarizes the legislative characteristics and the advancement in legislative technology of Rome ?.The third part focuses on the analysis of the characteristics of the application of tort law in Rome ?,and points out the advancement of the legislation and the value orientation contained therein,that is,substantive justice has become the main value orientation pursued by the foreign-related tort conflict law.Europe seeks the balance between certainty and flexibility in the rule of choice of law.Meanwhile,the rule of jurisdiction selection and the rule of content-oriented selection co-exist in Rome ?;however,Rome ? still represents the highest level of the legislation of tort conflict law in the world.Different from the comprehensive application of the partition method in the tort conflict law in the United States,Rome ? excludes the application of the partition method,which is related to the continental law system that focuses on the legal method of conceptualism and systemization.The fourth part mainly introduces the characteristics and existing problems of the application of foreign-related tort law in the Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China,and draws lessons from the advanced legislative experience of Rome ?,and puts forward corresponding legislative suggestions.
Keywords/Search Tags:Law of the Place of Tort, Doctrine of the Most Significant Relationship, Doctrine of Autonomy of Will, Substantial Justice
PDF Full Text Request
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