国际条约在我国的适用

On the Application of Treaty in China

国际条约在内国的适用素有“一元论”与“二元论”之争,因为直接适用与间接适用的方式都有其可行性,所以各国实践都偏向于采取混合的方式适用国际条约。采取“以间接适用为原则,直接适用为例外”的方式适用国际条约对我国而言最为有利可行。

There are differences between ＂Monism＂ and ＂Dualism＂ on the application of treaty. For direct application and indirect application have their own feasibilities and advantages, many countries prefer a mixed way of them. Through analyzing the judicial practices of America, it does well for China to choose indirect application of treaty as principle, and direct application as exception. The application of Human Rights＇ treaty is an important exception.