论我国外派劳务合作合同的法律适用-法学;国际法学专业论文.docxVIP

观意图，其次也重视合同的客观连接，确定有关合同适用的准据法， 观意图，其次也重视合同的客观连接，确定有关合同适用的准据法， 以此作为确定各方当事人权利和义务的依据。国际劳务条约和国际 务惯例是国际社会长期实践中形成的被广泛认可的基本规则，也应 处理外派劳务争议和确定当事人权利义务时得到重视。 再次，在确定准据法时，尤其是对涉及雇员权益的事项，不能排 除相关国家对雇员的强制性保护，并应适用最有利雇员的法律中的强 制性规范。 关键词：外派劳务合作合同；法律适用；立法实践 Ⅱ ABSTRACTInternational ABSTRACT International trade in services in international trade occupies an important position，the formation of relationships which has become an important international economic development in social relations．Among them，the expatriate labor as it relates to different countries and regions， civil and commercial legal system and laws of different countries and regions and the different provisions of treaties and intemational labor practices in overseas labor contract between the effectiveness of the treatment of expatriate laborers，according to different laws will lead to a different judicial decisions，thus creating a legal conflict．Between countries，it is impossible to form a unified labor relations on assignment of substantive law，in order to make the world comply with all countries and regions，to resolve all conflict of laws overseas labor relations． Therefore，the law determined by selecting a number of conflicting legal law as one among the applicable law，labor relations assignment is to solve the inevitable conflicts of law approach，and will always be adj usted as the main expatriate labor relations． As the first principle of private international law，the principle of autonomy in determining the applicable law overseas labor relations play an important role．Party autonomy embodied in the principle of autonomy of contract reflects the parties agreement，should be fully respected． However,according to national legislation，party autonomy is subj ect to 1II certain certain restrictions，shall not preclude the mandatory employee should have been protected The principle of closest connection to the connection point for the contract to determine the basis of obj ective，but also fully reflect the reasonable expe