国际私法趋同化的路径分析

On the Route of the Assimilation of Private International Law

国际私法规则的趋同化是国际民商事交往所形成的国际民商事秩序的内在要求。但是,国际私法的趋同化方式却受着法律文化传统的深厚影响。这使得世界上两大不同法系的国际私法呈现为英美法系对大陆法系的继受和大陆法系对英美法系的借鉴两条路径。我国国际私法的趋同化进程应遵循大陆法系的路径进行。

The assimilation of private international law is attributed to the inherent demand of international civil and commercial order which is formed by the international civil and commercial communication. However, the route of assimilation of private international law is influenced by law culture. Two different routes of assimilation are that civil law assimilates some rules of common law and common law also does the same. The conclusion is that China shall follow the route of civil law when the assimilation of its private international law is going on.