The Dialectical Relationship of the Doctrine of Characteristic Performance and the Doctrine of the Most Significant Relationship

The doctrine of characteristic performance cannot operate without the instruction and the supplement of the doctrine of the most significant relationship,the doctrine of the most significant relationship also needs the doctrine of characteristic performance to restrain the judge's oversized discretionary powers when they use the doctrine of the most significant relationship.The doctrine of the most significant relationship is a principle,but the doctrine of characteristic performance is just a rule,the doctrine of characteristic performance is an exceptional case of the doctrine of the most significant relationship,and its applicable scope is limited.In the legislation and judicial practice of the doctrine of characteristic performance,the behaviors of the characteristic performance must be ascertained under the instruction of the doctrine of the most significant relationship,in the situation that the doctrine of characteristic performance is not suitable,the applicable law must be seeked freely by the judges.Under the instruction of the doctrine of the most significant relationship,the sites of the doctrine of characteristic performance should be supposed to be the regular residence or the main business place,but not the nationality country of the party of the doctrine of the characteristic performance.