Research On The Application Of Loi D’application Immediate In China

It has been more than half a century since the development of the theory of,loi d’application immediate, and the theory has been mature nowadays. As a new way of choice, loi d’application immediate has the obvious uniqueness for its independence on the quoting of conflict rules and the appliance to solve the relationship of the rights and duties between the parties directly. In the international communication, in order to maintain their own fundamental interests and obtain the convenient contact, the system of loi d’application immediate has been adopted by countries in practice widely. Our understanding of the system are also deepened gradually. Many domestic scholars of private international law have paid more attention to this problem and carried on a large amount of research. However, there are still some problems which lack the clear definition in the area. There are many related regulations in legislation system gradually, but some problems in legislation and the judicial process still exist due to the development of the theory system is not perfect. For example, we have to further analyze and improve the distinguishing and appliance of the other relevant conflict rules, the defining of the mandatory norms and how to regulate the related laws more systematic.Starting from the basic theory of loi d’application immediate, this paper to analyze the problem that exists in the legislation and judicial practice in our country at present,the different between loi d’application immediate and other specifications, and draw lessons from foreign legislation and judicial experience, in order to complicated and changeable international and domestic economic conditions, further improve relevant legislation, and find a solution to the problems in the judicial process, which is conducive to the trial of China’s foreign-related civil and commercial cases.