Journal of Northeastern University(Social Science) ›› 2016, Vol. 18 ›› Issue (2): 179-185.DOI: 10.15936/j.cnki.1008-3758.2016.02.011

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Procedure Dimension Consideration of the Multilateral Method in International Private Laws

DONG Zuo-chun   

  1. (School of International Law, China University of Political Science and Law, Beijing 100088, China)
  • Received:2015-10-11 Revised:2015-10-11 Online:2016-03-25 Published:2016-03-30
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Abstract: Procedure dimension consideration provides the consideration dimension of procedural rationality of discussion for legislators in various countries to evaluate and test the acceptability and justice of law-selecting approaches. The discussion procedure infuses rational connotations into the selection of legal justification in such conditions as the basic environment, the logic requirements, the communication requirements, the quality requirements, the nature requirements and the coherence. The multilateral method is aimed at applying the law-electing rules between cross-border transactions and legal systems. Based on procedure dimension consideration, the method has failed in such aspects as the basic environment, the communication requirements, the quality requirements and the nature requirements. Therefore, in terms of the dimension, the international private law should amend the method by arranging practice opportunities, providing rational procedures and guaranteeing procedural norms in order to fulfil the difficult task of law selection.

Key words: international private law, law selection, legal argumentation, procedure dimension, legitimacy

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