“直接适用的法”性质探析

On the features of immediate application law

对“直接适用的法”性质的界定作了探讨,认为“直接适用的法”是公法规范,属于实体规范范畴,应将其划归为特殊主义-国家主义理论;其调整国际民商事关系的过程属于直接调解方法,且应将其与公共秩序区分开来。

The features of immediate application law is explored here; to the opinion of the author, immediate application law is a kind of public law rules and possesses the nature of substantive norm. The process of its regulating the international civil and commercial relationships is a type of direct regulating method, It also can be defined as a kind of particularism-nationalism doctrine. And at the end , It is suggested that immediate application law must be distinguished from the public order,