Analysis Of The Application Method Of International Mandatory Rules Of The Third Country In China

International mandatory rules of the third country refer to mandatory norms that do not belong to the country of lex fori or the country of applicable law,but are necessary to be directly applied to international civil and commercial cases in order to maintain significant public interests.As a breakthrough in the traditional legal limitations of international law,they have been recognized by some countries and have high research value.Although there are some clues in theory and practice regarding the application of third-country international mandatory rules in China,there is a lack of real breakthroughs.In order to address the inevitable application problems in the future,this article focuses on the possible application paths of third-country international mandatory rules in China.The main exploration content is as follows:firstly,the concept analysis,development process,and application theory of international mandatory rules of the third country;Secondly,what are the practices and types of extraterritorial application of international mandatory rules of the third country that China can learn from;Thirdly,what is the current situation of the application of international mandatory rules of the third country in China,and what path should be adopted for their application.Therefore,through comprehensive literature analysis,case analysis,legal norm analysis and comparative research method,this paper puts forward suggestions on the application of international mandatory rules of the third country in China,that is,in terms of the current situation in China,the direct application still needs to be solved through system design,which can be achieved by introducing domestic legislation or judicial interpretation as soon as possible by referring to international excellent practices.It can also combine the advantages of the "the Belt and Road" and other advantages to formulate interregional or international unified conflict norms.In terms of more practical indirect method of application,international mandatory rules of the third country can be regarded as objective facts,combined with concepts such as public order and good customs,and the ability to perform to play a substitute effect.In addition,improving the legal identification mechanism for international mandatory rules of the third country is also the necessary measures in the future.