| Conflict justice should not be understood as the uniform application of law, because it is not only confronted with the practical obstacle, but, as an instrumental value, also unable to provide sufficient justification for the conflict law system. Neither equating conflict justice with the application of the spatially best law can avoid further questioning. The content of conflict justice should be explored in the whole context of Savigny's private law system, historical jurisprudence and Kant's deontology ethics. The equal treatment of subjects and the respect for their free will constitute the basic value of application of law. Along with the codification of law in European states and the decline of Christianity, conflict justice is also facing challenges. In the process of globalization, the complexity of social activities in international civil and commercial relations and the incidental behaviors of subjects demand corresponding cooperation system. The state does not have the capability to participate in all foreign-related civil relations, and it has difficulty in constructing substantive standards of justice and shape the behavior pattern of subjects. The "expectation on expectation" of the parties can be achieved in the legal system which is agreed on and followed by the parties after communication. Anchored in social life, the conflict justice, which is composed of equality and freedom, can obtains its lasting vitality. |
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