我国国际私法立法范式研究

On the Legislation Paradigm of China’s Private International Law

我国国际私法的萌芽可以追溯至西周时期,其后经历了一个从分散立法到单行法典立法的过程。中华人民共和国成立后,国际私法的体系逐步建立,但是其仍然不能够适应我国改革开放的需要。在立法范式上,我国应当制定国际私法法典,完善区际冲突法规定,并且在价值取向上兼顾国际社会本位的理念。

The source of China＇s private international law can trace to West Zhou Dynasty , and from then on the legislation formula had been going on from the deconcentration to the specific code. The private international law system had been established gradually since the People＇s Republic of China was founded, but it still could not meet the need of the reform and opening policy of our country . As to the legislation paradigm, China should choose the code of private international law and improve the rules of inter-regional conflict laws , and pay attention to the value idea of international community.