论私法理念对国际法的影响

On the Influence of the Idea of Private Law on Private International Law

国内法对国际法的形成和发展产生了重要影响。这种影响在很大程度上体现为私法对国际法的影响。私法理念是私法的内在本质与发展规律,以及人们对这一本质和规律的理性认识。私法对国际法的影响在很大程度上表现为私法理念对国际法的影响,即尊重领土主权原则是对所有权神圣理念的借鉴;国家主权平等原则是对人格平等理念的借鉴;条约缔结自由原则是对契约自由理念的借鉴。

Domestic law engenders important influence on the formation and development of private international law. This influence, to a great extent, is embodied by that of the influence of private law on private international law. The idea of private law is the innate essence and regular pattern of development of private law and the rational cognition of this essence and pattern. This influence, to a great degree, is embodied by the influence of the idea of private law on private international law. Particularly speaking, the principle of respecting the territorial sovereignty is the use for reference having drawn on the sacred idea of ownership, the principle of sovereign equality of a nation must have drawn on the idea of human dignity equality and the principle of treaty-concluding freedom must have referred to the idea of contractual freedom.