In the 41th provision of of the Application of Law for Foreign-related Civil Relations of the People's Republic of China,the doctrine of party autonomy has become the golden principle of the law applicable to foreign-related contractual obligation.Where the parties have made no such choice,laws of the habitual residence of the party whose performance of obligations best reflects the characteristics of the contract or other laws having the most significant relationship with the contract shall apply.Thus,doctrine of characteristic obligation is in a dilemma.It is necessary to adjust the expression of the related article of the law compared with the previous legislation about the issue.

The development of network technique has exerted extensive and far-reaching influences upon social life.In response to these influences,private international law is incessantly making self-regulation and self-transformation and has formed a number of theories.On basis of the three traditional areas of private international law,jurisdiction,choice of law and the dispute settlement of foreign-related issues,objective responses of real life are analyzed to point out the inadequacies of them.Then,subjective responses are put forward to resolve the problem and the rule of autonomy will is proposed to be the first principle of private international law under the internet circumstances.

A traditional view holds that one of the advantages of as opposed to lawsuit is final ruling of primary arbitrament.However,along with the increasingly enlarged scale of international commercial activities,this advantage entails,besides its efficiency,possibility of fairness deficiency,which the existent judicial review system cannot eliminate fundamentally.Therefore,it is a must to regard commercial principally as a combination between contractual factors and arbitrating authority factors,to set up secondary arbitrament of involved parties bargaining,and for the to turn to judicial factors with the chief goal of facilitating its development.