我国国际私法采用判例制度可行性探究

A Probe into the Feasibility of the Case System Employed in Our International Private Law

伴随着改革开放事业的全面推进和中国经济的持续发展,我国涉外民商事交往日益频繁,而国际私法领域也同样面临着诸多机遇与挑战。尤其是涉外民商事案件数量越来越多,案情越来越复杂,我国现行国际私法立法已很难适应错综复杂、千变万化的国际民商事案件的处理需要。应该对大陆法系诸国对待国际私法判例的态度进行系统的比较和分析,从而探究我国在国际私法领域引入判例制度的可行性,致力于引入判例制度,完善和发展我国国际私法。

With the overall outspread of the reform and open to the outside world as well as the continuous development of the Chinese economy, not only the contact of the foreign civil-and commercial affairs becomes more frequent, but also the dominion of the international private law faces a lot of opportunities and challenges. Especially for foreign civil-and-commercial affairs, there are such numerous and complicated cases that our current legislation of the international private law is difficult to meet the requirement of intricate instances. This essay, trying to base on the tradition and status quo of our case law, and by a systematic comparing analysis of the attitudes of continental-law-system countries towards the precedents of the in ternational private law, probes into the feasibility of introducing the case system so as to perfect and develop our international private law.