我国涉外合同的法律适用原则

On the Principles of Law Application about Foreign Contracts of China

我国涉外合同法律适用尽管确立了国际上先进的意思自治原则和最密切联系原则,但还是存在规定过于原则化、操作性不强、新旧法脱节、意思自治绝对化等弊端,从而给审判实践带来一定困难,故此应当针对上述问题逐一完善之。

Although China has established application of the internationally advamed principles of meaning autonomy and the most significant relationship to foreign contracts,yet there are still problems that the stipulations are not so practicable and are principled over-much,and that the new laws are divorced from the old ones,and the problems of exercising autonomy in terms of absolutes,which brings difficulty to the practice of justice.Therefore,it needs improving in view of the above-mentioned problems.