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Reservation of public order legislation and judicial research and related recommendations

Author: LiYi
Tutor: DuanDongHui
School: China University of Political Science
Course: International Law
Keywords: Private international law Reservation of public order Legislation Judicial
CLC: D997
Type: Master's thesis
Year: 2006
Downloads: 510
Quote: 3
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Abstract


Public Order Reservation System is the most widely recognized a system of international private law on national legislation and judicial practice as well as international treaties on issues such as recognition and enforcement of judgments in the application of foreign law and foreign court, it has been playing a very important role. Private international law in modern countries are all using this system, from the maintenance of the stability of the national law and public interests, and to focus on the content of foreign law or the application thereof results in order to limit the exclusion of foreign law applicable. The one hand, the application of foreign law, on the other hand is to limit, exclude the application of foreign law, which is a contradiction. However, as long as we review the history of the evolution of private international law can be found on the development of private international law, it is in one end of the application of foreign law, to exclude, restrict the application of foreign law for the run on the other end of this contradiction balance. This shows that the reservation of public order theory of private international law and the legislative and judicial practice in a \Above \differences on the legislation and the functioning of the judiciary, the analysis of public order legislation retained and the pros and cons of the functioning of the judiciary, which put forward the countermeasures of Improvement of Public Order Reservation System. The article is divided into four parts: the first part pointed out that, while countries in recognition of public order reservation system, and applies it in, but what is meant by public order, has been a controversial and vague concept. Essentially, the reservation of public order is a national conflict rules to adjust for the maintenance of their major interests in the process of foreign-related civil and commercial legal relationship, the basic moral and policy tools. It is within the law of the land plays a certain positive affirmation of the role of foreign law plays a certain preventive negative role. Second part on the basis of in-depth analysis of the States reservation of public order legislation and legislative content that our current reservation of public order legislation is more comprehensive, but there are also inconsistent connotations; contradict the applicable standards; exist \no concrete manifestation of the spirit of today the international community to limit public order reservation applies; provisions uncoordinated;; the applicable object undue including defects and deficiencies of the international practices. The third part of a comparative study of all public order to retain the judicial practice, and empirical analysis of judicial practice of public order to retain the form of case. Pointed out in the national judicial practice, the reservation of public order applies more and more restrictions, applicable fewer opportunities. Part IV stressed that some of the problems in China's Public Order Reservation System can not solve the main

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CLC: > Political, legal > Legal > International law > Private international law
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