On The Protection Of The Weak Party In The Application Of Law Concerning Contracts With Foreign Elements

With the economic globalization develops in depth, foreign-related contract legal relationship has become more various and complicated, in recent years. In some foreign-related contracts, there is a fact that one of the parties enjoy obvious advantages in the aspects of economic strength, competition ability or information, while the another stands in a disadvantaged position. If the judgment just emphasize the formal justice, while ignoring the individual differences, in case of foreign-related contract disputes, the interests of the weakness or disadvantage may be difficult to get timely and effective protection. The traditional rules of contract law only on both sides in the basic equal status can better reflect the value of justice and equity. The rights and interests of the weaker party has become a new trend of the development of international private law, private international law more humane care of the weak, is the embodiment of the idea of human rights. Throughout the conflict law of foreign-related contract in legislation, many counties give special treatment to the weak party of foreign-related consumer contract, employment contract and insurance contract, it has been the new trend of legislation on foreign-related contract. Although《Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China》was promulgated and satisfactory results have been achieved, there are still fall woefully short of what will be needed in China. Thus, how protect the interests of the weak better in international contract needs to be taken seriously in legislative, judiciary and academic circles.This article has used generalization and comparison as study methods. It generalizes the developmental trend from foreign laws and articles and compares the different foreign laws in customer contracts, employment contracts and insurance contract, tries to find out what China can borrow ideas from.This article includes 3 parts.The first part is the interpretation of concept of the subject matter, as well as the introduction of the basics, in order to expand on the theme expounded. It is including the value of protecting the weak and protections of the weak party under the application of law concerning bout foreign contracts.The second part analyzes rules of US and European conflicts in the application of laws. It elaborates the two different models and comes to the conclusion that the way of enumerating points of contact and element is better.The forth part lists Chinese laws in application of laws in contracts with foreign element, and tries to make recommendations to them.