論國際私法中的公共秩序保留制度.pdf

1、 學 校 代 碼 10459 學號或申請?zhí)?____________ 密 級 碩 士 學 位 論 文 論國際私法中的公共秩序保留制度 作 者 姓 名： 曲牧孜 導 師 姓 名： 馬 遷 學 科 門 類： 法 學 專 業(yè) 名 稱： 國際法 培 養(yǎng) 院 系： 法學院 完 成 時 間： 2017 年 5 月 II Abstract The tr

2、aditional theory and existing research pointed out that the role of public order reservation system, foreign legal constraints and the degree of protection and the court's “public order“. Relatively old legal system

3、of private international law, the public order reservation system plays a very important role in coordinating the relationship of international private law. But for a long time, the researches on the public order keep st

4、ill is the law itself and the legal interpretation, causing a certain degree of system performance and profound academic research value is not high, fundamentally speaking, the research for a long time, but also affect t

5、he development of the system of people's understanding and maintaining public order more clearly. But the system is reasonable. Far more than traditional learning, has a great influence in violation of the national d

6、efense law progress and contradiction. Due to the existence of such a mechanism, is to reject the foreign law applicable law is the “l(fā)aw“, in order to reduce the The conflict between the dispute and the state less unnece

7、ssary. In the first part of this paper introduces the basic definition of public order, the three aspects of function and significance. Researches on the definition of public order, should be dynamic, static and dynamic

8、point of view is that it refers to the public order reservation system, can be used for international foreign the legal system of exclusion is a basic system and system; static measurement, is a social or national intere

9、sts and the basic view from the budget system, public order and moral standards, both positive and negative effects. To maintain good public security organs, deprived of the outer ring. Two exterritorialities. Part of th

10、e reservation of public order system, and a brief review of these theories. The third part expounds the national legislation and the development trend of the public order reservation system. The fourth chapter introduces

11、 the system of reservation of public order legislation. The judicial practice shows that, through in The reservation of public order system. The system analysis and the security situation in our China, keep the public or