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美国的最重要联系原则长期以来在我国广受好评。然而,该理论需以给予法官高度的自由裁量权、比较所有相关州(国)的利益、考量实质法立法目的及允许分割等要素为前提。因而与历来采用萨维尼型国际私法的我国国际私法格格不入,不应盲目采用。而对机械、僵硬的侵权行为地法主义注入灵活性的改革完全可在传统的国际私法理论框架内实现。
The most important principle of the United States has long been widely acclaimed in our country. However, the theory needs to give judges a high degree of discretion, to compare the interests of all the relevant states (states), to consider substantive laws and legislative purposes and to allow segmentation and other factors as the premise. It is therefore incompatible with the private international law of our country, which has always adopted the Savigny-type private international law and should not be adopted blindly. However, the reform that infuses the flexibility of mechanistic and inflexible rigidism can be completely implemented within the framework of the traditional theory of private international law.