法律规避的问题.doc

2010-12-2 8:13:47 ed05 - On Private International Law in the law to circumventAbstract: With the modern international civil and commercial exchanges between the increasing phenomenon of evasion of law have occurred, not only in family law, marriage law, contract law field, but also into almost all fields of private international law, such as company law, transport law, insurance law and so on. To avoid the increase of the phenomenon of the law, not only affects the countries concerned majesty of the law, the law conflicts with other countries is increasing. Is not conducive to the protection of international civil and commercial matters transaction security and well-intentioned relative interests. With regard to the nature and effect of law evasion, countries in both theory and practice has always been divided.Evasion of law as an international private law, an independent system, from a practical level, there is found on the subjective intent, the effectiveness of the contradictions identified and processing the negative consequences of sexual and other defects. Evasion of law in nature is not a fraud, violations and fleeing law, but rather subjective in electing the party law, that such acts are in between legality and illegality of the property, which although not a legal act, but the Nor is illegal. A correct understanding of the legal system to circumvent the nature and effectiveness of such issues, in theory and practice on the correct handling of the law on private international law in China to circumvent the problem has important practical significance.Keywords: international law; legal evasion; effect1878 12071208 1922) ()194 154 (1) (2) 7 ( ) () ( ) ( ) ? ) 19