摘要
最密切联系原则是源于英美国家司法判例的一项国际私法制度。文章分析了其产生和发展的政治、经济文化和思想根源 ,介绍了最密切联系原则在各国的运用情况 ,并在此基础上对两大法系对自由裁量权的限制进行了对比分析 。
Closest contact doctrine is a new system in international private law, which is rooted from the judicatory prejudication in Britain and the USA. The political, cultural and ideological origin of the doctrine and its development were analyzed, and so were the operating conditions of the doctrine in different countries introduced in this paper. On the basis of this, the paper compared and analyzed the restriction of the two different laws to free discretion. The problems that must be understood and dealt with when using closest contact doctrine were brought forth.
