试论国际私法涉外标准之认定

On How to Determine the Foreign-related Standard of Private International Law

所谓国际私法的涉外性,是指民事关系具有涉及外国法适用的因素,而非民事法律关系的涉外。我国目前的国际私法的涉外性标准采取的是以民事法律关系的主体、客体以及产生、变更、消灭民事法律关系的法律事实涉外为标准。该标准过于宽泛,内容有待完善。只有依据冲突规范连接点的内容才能找出某一具体的民事关系中的有效涉外因素,进而结合案件事实才能最终确定外国法的适用。

Foreign-related standards of Private International Law mean not a civil legal relation relating to another nation, but a specific civil relation has factors relating to the application of foreign laws. China＇s current foreign-related standards of Private International Law are that the subjects and objects of civil legal relations and legal factors which generate, change and end the civil legal relations relate to another nation. This standard is too broad, with its content should be improved. Only according to the content of the connection points of conflict rules can we find the effective foreign-related factors of a specific civil relation, then combine with the facts of a case and finally determine the application of foreign laws.