An Empirical Study of the Application of the Clauses "in Favor of Protecting the Rights and Interests of the Weak" by Chinese Courts
From the judicial practice of Chinese courts in applying the clause"in favor of protecting the rights and interests of the weak",this paper finds that the number of cases available online is not large,less than 10 per year.The cause of action covers a wide range,and the applicable law is relatively single,all of which are Chinese laws.And there is no justification for the considerations of"in favor of protecting the rights and interests of the weak".There are issues such as confusion between procedural and substantive laws,unclear identifying of the concept of conflicting rules,unclear considerations of"protecting the rights and interests of the weak"and lack of identification of foreign laws.This paper proposes to clarify the boundaries of conflict rules,and understand the meanings of concepts in conflict rules,such as"party"and"protecting of the interests of the weak".Secondly,courts should consider the protection of the rights and interests of the weak from both subjective and objective perspectives,appropriately give the weak parties the right to choose the law,and strengthen the identification of foreign laws.
Foreign-related Parent-child RelationshipApplication of LawIn Favor of Protecting The Rights and Interests of the Weak
NETL
NSTL
万方数据
