The New Development Of American Contract Law Choice

It is a long time for choice of the contract law and puts an important role in many countries' private international law system. Choice of the contract law also goes mature with the gradual development and perfection of private international law theory. with the development of human private international law theory and practice, choice of the contract law in the United States applies play a crucial role in the twentieth century. In the mid-twentieth century, American conflicts law revolution broke out, which shocked the whole world, and there is "revolutionary" breakthrough in the private international law theory. In the 1970s "restatement (the second edition)" was published in the United States, it was revised in 1986. At the same time the influence of it in its theory and judicial practice was expanding constantly. After the fanaticism and baptism of "conflict law revolution" it showed a steady state in the development of private international law in the America.This paper tries to study the content that how to establish choice of the contract law in the American rules which is based on and coordinated with the existing legislation. It is mainly divided into the following four parts:The first part expounds the connotation of the contract, foreign-related contracts and choice of the contract law, and explains the two basic theory determining the applicable contract law:segmentation theory and holism theory,subjective and objective theory. The second part explains the historical development system of choice of the contract law in the American, and the new development features of it:the new theory constantly appearing and the court adopting "eclecticism" methodology in the different fields of the conflict law. The third part is the key part, which has a thorough investigation, mainly for the new development of choice of the contract law in the America. Court tends to apply the forum law in the judicial practice, and strengthens the limit of the meaning autonomous principle in the contract areas.After analyzing the new development of the contract law' choice in the American and the conflict rules of foreign related contract in our country, the fourth part studies the influence of choice of the contract law in the America on that in china. The author thinks it is necessary to make changes according to the situation of our country and then put forward legislative suggestions for the conflict norms of the foreign-related contracts and many ideas on how to perfect choice of the contract law in our country. Through the analysis, it puts applicable points about choice of the contract law legislation from method to specific rules for our country.