我国涉外合同的法律适用及完善

On Application and Perfection of the Law on Foreign Contract

我国涉外合同的法律适用尽管采用了国际上先进的意思自治原则和最密切联系原则 ,但现行立法原则性太强 ,缺乏可操作性 ,应加以完善。意思自治原则方面 ,应对当事人选择法律的方式、时间、范围、法律选择的限制等事项加以明确规定。与此同时 ,最密切联系原则作为当事人意思自治原则的补充 ,应尽快出台相应法规加以明确规定。

Autonomy of will and the most significant relationship have been used in the application of the law on foreign contract in our country, but there are still lots of items need to be perfected. The questions such as the forms, range, the place in which the clients choose the applied law should be proscribed. Meanwhile, the most significant relationship as the reinforce to autonomy of will should be prescribed by legislation as soon as possible.