Study On The Application Of The Closest Relationship Principle In Foreign Civil And Commercial Cases In China

The most closely related principle originated from Savini’s theory of legal relationship and originated directly from the "conflict law revolution" in the United States.To a great extent,this principle meets the needs of all countries in the world for the fair and reasonable application of laws,which has attracted the attention of all countries and gradually developed into the basic standard of judging the degree of modernization of legislation in the field of private international law.This principle does not completely negate the traditional private international law theory,but takes its essence and dross on its original basis,optimizes the way of legal choice in the traditional private international law theory on the basis of the characteristics and needs of the development of the times,shows the value orientation of private international law,and realizes the transformation from formal justice to substantive justice.It has milestone significance.The main purpose of this paper is to analyze the current situation of the application of foreign civil and commercial cases in China,to understand the general situation of mastering the application of the most closely related principle in our country,to find out its application dilemma in our country,and to find a way out.Finally,by comparing the Mainland law system countries and common law countries on the most closely related principles of the provisions,learn from the advanced application of Chinese law.The first part describes the theoretical origin of the principle,its connotation and its development in other major countries;the second part describes the current situation of the application of the principle,including legislation and the trial of foreign civil and commercial cases;the third part is based on the comprehensive analysis of the current situation described above to find out the difficulties and reasons for the application of the principle in practice;The last part is to understand the advantages and disadvantages of the principle of closest contact,and to put forward further improvement countermeasures according to its characteristics in order to standardize the application of the principle in our country and give full play to its due value.The principle of closest connection plays an important role in the field of private international law,and its functions are diverse,among which the advantages of flexibility are the most prominent.The introduction of this principle in the field of private international law is a legislative progress in our country.This principle should also play its due role in judicial practice.In this paper,we hope that by showing the application of the most closely related principles in foreign civil and commercial cases,we can analyze and sum up the reasons for their existence,so as to put forward some suggestions,attach importance to the important role of conflict norms in the field of private international law,avoid excessive application of court law,strengthen the closest certainty,standardize the application of characteristic theory,perfect the relevant laws and regulations,and standardize the use of judges’ discretion,so that the closest relation principle can realize its value goal of substantive justice in our country.