Abstract:Traditional theory often emphasizes the abstract national sovereignty not private rights. The value and rules of the method to choose applicable law need to be constructed. In the theory based on the protection of people and the private rights, The method to choose applicable law should be on the premise of respecting national sovereignty, which should attach more importance to the protection of private rights, respect the principal position of people, give play to the role of the body of the people, safeguard the interests of the people, pay attention to the value of people, be placed in the equal status of domestic and foreign law, emphasize the foreign-related civil and commercial disputes solved properly and protect the civil right from damage.
梅傲. 准据法选择的新方法:基于人本视角的研究[J]. 浙江工商大学学报, 2016, (1): 64-71.
MEI Ao. New Methods of Choosing Applicable Law:Based on the Research of Humanistic Perspective. Journal of Zhejing Gongshang University, 2016, (1): 64-71.