Application Of Protection Of Weak Interest In Conflict Law

The protection of the interests of the weak,accompanied by the wave of contemporary private international law,has entered the arena of conflict law and has become an indispensable element of contemporary conflict law legislation.It is also concerned with theory and practice.Although the interests of the weak have been protected,there are already many research results in the academic circles.Under the detailed review,many problems will still need to be explored.Based on the basic theoretical research of weak people,from concrete to abstract,comprehensive national legislation and practice,taking the relationship between state intervention and meaning autonomy as the perspective,this paper deduces the applicable field,applicable law,and applicable model of the protection of the interests of the weak in conflict law.Furthermore,we have conducted some reflections on the relevant regulations and practices concerning the protection of the interests of the weak in the "Law on the Application of Law on Foreign-related Civil Relations"(hereinafter referred to as the "Law Application Law").The body of this article is a total of five chapters:The first chapter analyzes the concept of the weak,and points out that the weak in the conflict law includes the weakness of the entity level and the weakness of the legal application level.In addition,it points out that the existence basis of the protection of the interests of the weaker is the penetration of state intervention in the private sphere and the extension of human rights protection in the field of conflict law.Finally,the purpose of the protection of the interests of the weak in the conflict law is concluded—the interests of the parties are relatively balanced.The second chapter takes the special contract areas,infringement fields,and areas of marriage and family as the units.Based on the typical legislation for the protection of the interests of the weak in conflict laws in various countries or regions,such as the Roman Regulations I and the Roman Regulations II,it summarizes the protection of the interests of the weak The main application and characteristics in the areas of special contracts,infringement,and marriage and family.The third chapter takes the relationship between state intervention and autonomy of the meaning as an entry point,and deduces the applicable law of the protection of the weaker interests.There is a negative correlation between the national intervention and the autonomy of the autonomy of the meaning.The greater the national intervention,the smaller the autonomy of the autonomy of the autonomy and the reverse.Furthermore,combining the nature of special contract areas,infringement areas,and marriage and family areas in the legal application level,the state’s intervention efforts are gradually increased in these three fields,and the applicable space for meaning autonomy is decreasing.From this,we can see that the law of the protection of the interests of the weak,that is,the protection of the interests of the weak is achieved by restricting and excluding the autonomy of the meaning,while the specific mode of protection of the interest of the weak and the degree of acceptance of the autonomy of the autonomy needs to intervene with the corresponding legal relations.The autonomy of the meaning autonomy is adaptable.Chapter 4 summarizes several common modes of application for the protection of the interests of the weak,including the wide application of the personal law of the weak,the introduction of results-based rules when necessary,the strengthening of the influence of the weak on the choice of law,and the premise of allowing the parties to agree to choose the law The limitations and the applicable rules summarized in Chapter 3 are used as guiding principles to analyze the applicable conditions for different applicable models.In the fifth chapter,combining with the current situation in China,we reflect on the status quo of China’s current legislation on the protection of the interests of the weak and the judicial system.