The Research Of “rules Of Immediate Application” On Private International Law

To protect the crucial profits of country and society economics, many countries regulate mandatory provisions for foreign-related civil or commercial relations to avoid conflict rules. When the judge hear foreign-related civil or commercial cases, if there is any mandatory provisions for the relevant foreign-related civil or commercial relations, the mandatory provisions for foreign-related civil or commercial relations must be applied. These mandatory provisions have important impact on the private international law, which is also more usual applied in the private international law practice during recent years. The concept of “Rules of Immediate Application” on private international law was firstly posed by French famous scholar Phocion Francescakis in 1958. Many scholars of private international law analyzed deeply the concept of “Rules of Immediate Application” on private international law. However,during the few decades, many countries legislated “Rules of Immediate Application”on private international law and put it into practice. The legislation of “Rules of Immediate Application” in China took effects in 2011 and the judicial interpretation took effects in 2013, which made further interpretation and complement for “Rules of Immediate Application” on private international law. There are still several shortcomings in our legislation of private international law, which need to be mentioned and improved immediately. It is important for China to protect the crucial profits of country and society economics in the complex international society, which make it is necessary to analyzed deeply the theory of “Rules of Immediate Application”.This Paper illustrated the theory of “Rules of Immediate Application” on private international law through the method of literature research, empirical research and comparison. The Paper analyzed the legislation and judicial practice on “Rules of Immediate Application” on private international law in various countries and the disadvantages and several pieces of advice on the theory of “Rules of Immediate Application” on private international law of China.Given the structure of the whole article, it consists of three chapters:The first chapter has illustrated basic issues of “Rules of Immediate Application”on private international law. Through the comparison different opinions home and abroad of “Rules of Immediate Application” on private international law concluded the definition and features; the Paper illustrated the characteristics of “Rules ofImmediate Application” on private international law. Then, the Paper elaborates the relationship between “Rules of Immediate Application” on private international law and “Public Order Reserved”, “Evasion of Law”.The second chapter has focused on the theory and practice of “Rules of Immediate Application” on private international law. Then, the Paper lists the legislation and judicial cases all over the world, and emphasized the theory and practice of “Rules of Immediate Application” on private international law, which is put into details in 2 perspectives, local and foreign country, which provide a reference for China.The last chapter makes a comparison of the theory and practice of “Rules of Immediate Application” on private international law above, analyzed the disadvantages and several pieces of advice on the theory of “Rules of Immediate Application” on private international law of China.