The Application Of My Country's Public Order Reservation System In Judicial Practic

Reservation of public order as an important system of private international law,to safeguard the court in the land of social public interests,the legal system of stability and disgraceful consideration traditional and play an important role,in the face of interregional conflict,reservation of public order system has no acclimatization,actually provides the important reference value in dealing with interregional conflict,Therefore,public order reservation,as a system excluding the application of external domain law in court,has been universally recognized in the legal significance of resolving inter-area conflicts in various countries,and our country is no exception.The realistic situation of "one country,two systems,three legal systems and four legal regions" has come into being in China.The diversity and complexity of inter-regional legal conflicts make the situation of inter-regional legal conflicts more difficult in China.Therefore,it is very necessary to use the public order reservation system to solve the problem of inter-regional legal conflicts in China.This paper introduces the present situation of the application of public order reservation in Chinese interregional legal conflicts from four aspects,analyzes the predicament of the application of public order reservation system in Chinese interregional legal conflicts,and carries out a comparative study,and discusses in detail the solving experience of foreign countries facing the problem of interregional public order reservation.Finally,this paper offers some suggestions on the reservation system of interzone public order.The first part firstly introduces the difference between the reservation of public order in the inter-regional legal conflicts and the international legal conflicts.These differences have caused the disagreement in the theoretical circle,which is divided into the theory of full application,the theory of exclusion and the theory of limited application.Then,this paper introduces the different legal systems,judicial systems,social systems and legal environments in various legal regions,which demonstrate that the reservation system of public order in China is more complicated than that in other countries with multiple legal regions.It also introduces the legislative and judicial situations in mainland,Hong Kong,Macao and Taiwan.This paper lists a large number of specific interarea public order reservation legislative laws and courts’ judgments,and carries out a comparative study on the legislative judicial practice in four legal areas.The second part,according to the status quo of the reservation of public order under the inter-regional conflicts,carries out detailed analysis from the legal system and trial practice,finds and summarizes the problems in legislative and judicial practice: the legal language is not standard,the application standard is not uniform,not consistent with the international trend and so on.The third part introduces how to use the reservation of public order in the interregional conflicts between the United Kingdom and the United States.This paper first introduces the historical reasons and legislative status of the inter-regional legal conflicts between the United States and the United Kingdom,and then introduces the practical application of the inter-regional public order reservation system in each legal region of the United Kingdom and the United States.The public order reservation system of the United Kingdom and the United States has differences and similarities,but the two countries do not distinguish between the inter-regional public order and international public order.And strictly restrict the application of the public order reservation system.The difference is that the choice of theories leads to the great difference between them in judicial practice.The fourth part is based on the analysis of the above three parts,considering the national conditions of our country,and giving some suggestions for the reservation of public order under the inter-area conflicts.