Mandatory Rules In Private International Law And Its Application In China

The mandatory rules in private international law theory adjustment plays a major public interest to maintain the country of the court's role in the legal relationship in foreign countries,the system of the use right,can effectively maintain their own social,economic and political aspects of the public interest,can fully protect its citizens in foreign-related civil and Commercial Law in the legal dispute rights and interests.For the first time in China in the legislation of private international law in the system of mandatory rules specified in 2010 promulgated the "People's Republic of China law for foreign related civil relations law" article fourth embodied,the law of China's courts in foreign-related civil and commercial cases in the application of mandatory norms system provides the basis,provide a guarantee for the maintenance of major public interest our country in foreign affairs in legal relationship.However,due to China's mandatory rules in international private law system development time is short,the system in the legislation there are many problems in the judicial practice,there are still many shortcomings,weneed to constantly improve and update the development of this system,promote the system better play a role in international private law.The first part of this paper through in-depth analysis of the concept and nature of the mandatory rules,the system positioning of the system;the second part through the comparative analysis of the mandatory rules and the relevant system,a detailed analysis of the system;the third part analyzes the lack of mandatory rules of the system applied in China in legislation and practice,put forward specific proposals to better improve the system.