On The Application Of The Mandatory Rules Of The Third Country In Private International Law

The mandatory rules of the third country first came into being in practice and have developed for more than half a century.It has become a hot issue in private international law whether the third country’s mandatory rules can be applied as the mandatory rules of lex fori and lex causae in international civil and commercial litigation.The direct application of the third country’s mandatory rules has been established by the legislation of many countries in the world,which is also the development direction of Private International Law.China’s legislation only stipulates the application of China’s mandatory rules currently,not including the third country’s mandatory rules.With the development of China’s foreign economy and trade,the requirement of participating in the establishment of international legal rules becomes more and more intense,the application of the third country’s mandatory rules has become an inevitable topic in the study of Private International Law.Therefore,the study is of great importance theoretically and practically.With the method of comparative law,this paper explores the establishment of the applying mandatory rules of the third country under China’s legal system combined with international legislation and judicial practice.This paper is divided into four parts.The first part defines the mandatory rules of the third country.This paper expounds the basic connotation of the third country’s mandatory rules from two aspects of system evolution and theoretical concept,and compares the application system of the third country’s mandatory rules with other relevant systems to make the theoretical connotation of the third country’s mandatory rules clearer.The second part discusses the application status of mandatory rules in third countries.From the perspective of international treaties,domestic legislation and judicial practice of some countries,and through comparative analysis,this paper provides institutional reference for the establishment of this system in China.In the third part,the author discusses the dilemma and necessity of the application of the third country’s mandatory rules.Firstly the author analyzes the reasons that hinder the direct application of the third country’s mandatory rules,analyzes the feasibility and necessity of the application system of the third country’s mandatory rules,and expounds the important significance of the third country’s mandatory rules in foreign civil and commercial transactions.The fourth part explores the establishment of third country’s mandatory rules in China.Firstly,it lists the current legislative provisions on mandatory rules in China,studies the judicial practice,then summarizes the insufficiency of the applying third country’s mandatory rules,and finally puts forward some legal suggestions in order to establish the application system of mandatory rules of the third country in China.