国际私法中的弱者利益保护

The Protection of the Weak Interest in Private International Law

冲突法革命后,基于对旧有法律选择方式的批判和反思,国际私法由最初追求形式正义转向了以实质正义为价值导向,也由此产生了弱者利益保护原则。国际私法中的弱者特指那些在法律选择和争端方式选择中受到限制的弱势群体,他们本应享有的权利因在合同谈判中地位不平等而难以实现,主要体现在涉外消费者合同、劳动合同和产品质量侵权案件中。我国国际私法立法中也受到弱者保护理念的影响,但并不能明显表示出保护弱者利益的结果导向,法律操作性不高。本文旨在通过分析我国现行立法,指出现有不足之处,并提出合理的改进意见,以促进我国弱者利益保护原则和制度的完善与发展,切实保障弱者权益。

After the revolution of conflict of laws,based on the criticism and reflection on the old way of choice of law,private international law has shifted from the initial pursuit of formal justice to the value orientation of substantive justice,which also gave rise to the principle of protecting the interests of the weak. The weak in private international law refers to those disadvantaged groups who are restricted in the choice of law and the choice of dispute mode,and their rights are difficult to be realized due to their unequal status in contract negotiation,mainly in the cases of foreign-related consumer contracts,labor contracts and product quality infringement. China’s private international law legislation is also influenced by the concept of protection of the weak,but it does not clearly indicate the result-oriented protection of the interests of the weak,and the legal operability is not high,making the protection of the weak reduced to empty talk. The purpose of this paper is to analyze the current legislation in China,point out the existing deficiencies and put forward reasonable suggestions for improvement,so as to promote the improvement and development of the principle and system of protecting the interests of the weak in China and effectively protect the rights and interests of the weak.