论意思自治原则在我国区际私法冲突中的适用.pdfVIP

摘 要 ABSTRACT The primary clue of this article is to solve the conflict in international private law and interregional private law. There are three chapters in this article, to investigate the principle of will autonomy of interregional private law in the practice of legislation and justice 。Many scholars viewpoints are used as source of references in this article. On the basis of these viewpoints, this article put forward that the reservation and development of will autonomy principle is a combination of internal logic structure and external entity application, not just a inflexible and rig scent process. And in the dispute of interregional law, the range of will autonomy principle should be partially expanded. The first chapter is to investigate the meaning and development of will autonomy principle. Through questing the historical development track of will autonomy principle, the social politics and economy of its development can be analyzed, and its genuine meaning and developmental trend can be grasped. The second chapter is to expound the significant meaning and purpose of will autonomy principle to solve the conflict of Chinese interregional law. The third chapter is to investigate the application of will autonomy principle in interregional private law. The applications of substantive law and formula law are discussed in this chapter. Owing to these problems in the application of will autonomy principle still be everlasting, the range of will autonomy principle should be partially expanded in interregional conflict law and formula law.