试析国际私法中实体问题与程序问题的划分标准

The Dividing Criteria of the Substantive and Procedural Issues in the Private International Law

在国际私法领域,研究实体问题与程序问题的划分有着重要意义。目前国际上对划分标准并没有统一认识,从而使案件审理时缺乏权威依据,因此法官在执法上都是依据本国利益进行划分处理的。对国际上有关国际私法中实体问题与程序问题划分标准主流观点作了综述和评析,探讨了实体问题与程序问题划分标准的理论依据,分析了实体问题和程序问题划分标准对国际私法理论与实践的影响。

In the domain of private international law,it is very significant to study the division between subjective and procedural issues.At present,there is no common agreement on the division standard all over the world,which makes the trial of case lack the authoritative basis,so judges often make a division about this according to their own national interests while executing the law.The paper gives an overview and analysis on the main stream points of division criteria between subjective and procedural issues in the private international in the world.Meanwhile,the discussion focuses on the theoretical basis of dividing standard about subjective and procedural issues.At last,the analysis concentrates on the effect of the dividing criteria between the subjective and procedural issues on the theory and practice of private international law.