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西方的冲突法理论传入中国已经有100年了,但是冲突法规则一直没有真正成为中国法院司法实践的准则。在20世纪80年代以后,中国的改革开放为冲突法理论和实践的发展带来了机遇,冲突法理论得到了空前的发展,但我国立法和司法并没有得到同步的进步。本文试从欧美冲突法的历史起源和学说发展分析,以探求冲突法的发展趋势,最后得出结论,个案的公正解决才是现代冲突法的必然趋势,也是我国司法公正所追求的目标。
It has been 100 years since Western theories of conflict law were introduced to China, but the conflict-of-laws rules have not really become the norm of judicial practice in Chinese courts. Since the 1980s, China’s reform and opening up has brought opportunities for the development of the theory and practice of conflict of laws. The theory of conflict of laws has enjoyed unprecedented growth. However, the legislation and judiciary in our country have not made simultaneous progress. This article attempts to analyze the historical origins and the development of the theory of conflict of laws in Europe and the United States in order to explore the trend of the development of the law of conflict and finally concludes that it is the inevitable trend of the modern conflict law and the goal pursued by our country.