论文部分内容阅读
新近的国际私法国际立法和各国国内立法纷纷在其立法中确立了保护弱者权益原则。与此同时,社会的进步和国际私法立法的发展,也推动着国际化法的宗旨悄然地发生变化,即传统国际私法追求判决结果一-致为宗旨逐额地被现代国际私法追求判决结果的公正和合理为宗旨所取代。而要实现判决结果的公正和合理,势必要对弱者权益给予特殊保护。我国的国际私法立法虽然规定了诸多保护弱者合法权益的条款,但并未将保护弱者权益原则明确界定为我国国际私法的基本原则。不仅如此,我国国际私法关于保护弱者合法权益的规定,与世界上许多国家国际私法的相关规定相比尚不充分和科学。此外,近些年来,我国学界对国际私法保护弱者权益原则虽然有所研讨,但更多地是关注该原则的历史演进和表现形式,而对该原则的理论基础和完善举措等问题的研究尚欠深入。基于此,有必要对国际私法保护弱者权益原则作进一步研究,并希望能对我国国际私法保护弱者权益原则的完善有所婢益。
The recent international laws on private international law and domestic legislation in various countries have established the principle of protecting the rights and interests of the weak in their legislation. At the same time, the progress of society and the development of the legislation of private international law have also promoted the quiet change in the purpose of internationalization law, namely, the pursuit of the verdict by the traditional private international law - the aim of seeking the result by modern private international law Just and reasonable as the purpose replaced. In order to realize the fairness and reasonableness of the judgment, it is necessary to give special protection to the rights and interests of the weak. Although the provisions of the international private law of our country stipulate many provisions that protect the lawful rights and interests of the weak, we have not clearly defined the principle of protecting the rights and interests of the weak as the basic principle of our country’s private international law. Moreover, the provisions of our country’s private international law on the protection of the lawful rights and interests of the infirm have not yet been fully and scientifically compared with the relevant provisions of the private international law in many countries in the world. In addition, in recent years, scholars in our country have studied the principle of protecting the rights and interests of the weak in private international law. However, they pay more attention to the historical evolution and manifestation of the principle. However, the study on the theoretical basis and perfecting measures of the principle In-depth. Based on this, it is necessary to further study the principle of protecting the rights and interests of the weak in private international law, and hopefully it will be beneficial to the improvement of the principle of protecting the rights and interests of the weak in private international law in our country.