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定性错误是我国涉外民商事审判实践中经常遇到的问题。它与国际私法理论中惯常讨论的定性冲突有所不同,在我国现行民事诉讼体系中有着独特的分类、产生原因以及发生阶段。只有充分认识定性错误、了解定性错误,才能在国际私法实践中更好地避免定性错误、改正定性错误,最终达到正确适用法律、保障当事人合法权益的目的。
Qualitative mistakes are often encountered in the trial practice of civil and commercial affairs involving foreign people in China. It is different from the qualitative conflicts that are commonly discussed in the theory of private international law. It has a unique classification, causes and stages in the current civil procedure system in our country. Only when we fully understand the qualitative mistakes and understand the qualitative mistakes can we avoid the qualitative mistakes better in the practice of private international law, correct the qualitative mistakes and eventually achieve the purpose of correctly applying the law and safeguarding the legitimate rights and interests of the parties concerned.