A Study On The Civil Law Position Of The Foreigner

The foreigner is an important concept of the international private law, is a core factor that causes the problem of the international private law. The foreigner People usually say means the foreign natural person, but, in the international private law, the artificial person is also a main body in the civil law relation that concerns foreign affairs. The civil law position of the foreigner means the law status that the foreign natural person and the artificial person possess the civil right and undertakes the civil obligation at the inside country. The object of the international private law to adjust is the civil relation concerning the foreign affairs. And the foreigner and the problem about the civil law position of it at the inside country constitute the necessary factor of civil law relation concerning the foreign affairs, therefore, if having no foreigner and its civil law position problems, it impossibly exists the international private law and the problem it adjusts to. Further more, the core value to construct the norm system of the international private law is to protect the civil law position of the foreigner at the inside country. Known to all, the superstructure services the economic foundation, the law is a kind of superstructure, so it's no exception. Along with the continuously development of the economies in all countries, the international association also increasing every day, it is inevitable that all countries take the civil law position of the foreigner as a provision. This article first begin with the foreigner and the essence of its civil law position, and make a theoretically research about the person in the law, foreigner, the law position of the person and the essence about the civil law position of the foreignerThen carry on the concrete analysis to the development process of the foreigner 's civil law position through summarizing about the history development of the foreigner's civil law position, notarizing the egalitarian of it latter-day and so on. In the end it detailedly dissertates the relation to the international convention and the foreigner's civil law position, the current provisions and the foreground developments of that problem in the international convention, the system and the content about the foreigner's civil position. Comprehensive above-mentioned contents, this text from whole come to systematize the research about this problem up. Moreover the article also make an elucidation and suggestion for the deficiency of the existing provisionsabout the foreigner's civil law position in China, We hope it can help our country to consummate the legislation that is relevant to the foreigner's civil law position, and also hope it can make a function as throwing out a brick to attract a jade to the research of it.