论反致制度法律学专业论文.docxVIP

PAGE PAGE IV On renvoi Abstract On Renvoi Abstract The renvoi is a traditional system of private international law, since its inception, has been one of the focuses of most heated discussion in private international law. In this regard, different countries have different legislations and attitudes. October 2010, the 17th meeting of the 11th Standing Committee of the National Peoples Congress voted to adopt a foreign-related civil relations law applicable law of the Peoples Republic of China mainland area of the major achievements of the private international law legislation. Unfortunately, although repeated several times, the law eventually rejected on renvoi system caused the ongoing discussion of academia. This paper attempts to clarify the author of the Chinese mainland legislation should be adopted on the basis of the analysis of the basic theory of renvoi system and legislative practice, the system stand renvoi. Renvoi system to produce a hundred years since, despite the various criticisms, but still as a basic system of private international law more and more legislation and private law practice acceptable, demonstrated significant vitality of this system. From the renvoi produce and view the formation of the elements, the conflict between the area of personal law roots in the long-term irreconcilable national law doctrine domicile doctrine of renvoi. Therefore, as long as the traditional conflict rules still retain renvoi have its existing space and value. Renvoi the legislation and judicial practice can be seen from the main national and international treaty is widely accepted fact that renvoi renvoi value of the evolution of traditional private international law and international private law. Renvoi value orientation from the initial emphasis on its own interests to the pursuit of substantive justice. Of course, any legal system will cause enough controversy renvoi particularly intense controversy. In this article, the author believes that the advantage