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伴随着我国市场经济的不断发展和完善,我国涉外民商事法律冲突不断增多。公共秩序保留作为国际私法的一项重要法律制度,在排除有违内国公共秩序的外国法律适用方面发挥着重要作用。我国公共秩序保留制度已经比较完善,但仍存在一定的不足和缺陷。本文旨在探讨我国国际私法上公共秩序保留制度现状的基础上,对我国公共秩序保留制度的发展趋势提出改善的建议。
With the constant development and improvement of the market economy in our country, the conflicts of law concerning civil and commercial affairs concerning foreign affairs in our country have been constantly increasing. As an important legal system of private international law, preservation of public order plays an important role in excluding the application of foreign law that is contrary to the public order in the country. China’s public order reservation system has been relatively perfect, but there are still some shortcomings and deficiencies. The purpose of this paper is to discuss the status quo of the public order reservation system in our country’s private international law and to put forward suggestions on how to improve the development trend of China’s public order reservation system.