论我国公共秩序保留制度——兼评《涉外民事关系法律适用法》第五条

The Reservation of Public Order in China——A Comment on the Article Five of Law of Law Application of Foreign Civil Relations

对于公共秩序保留制度,我国一贯持肯定的态度。我国的相关立法已较为完善,在司法实践中也得到了广泛的运用。但我国公共秩序保留制度与世界各国对此制度的规定存在着一定异同。我国新颁布的《涉外民事关系法律适用法》第五条对该制度进一步完善。本文讨论了我国公共秩序保留制度与各国立法实践之异同,并对该条规定做出了评论,提出了我国对该制度的完善建议。

As to the reservation of public order, China has been taking the positive attitude. The related legislation has been perfected already and is widely used in practice. But there are still some differences both in theory and practice with other countries. The Article 5 of Law of Law Application of Foreign Civil Relations has perfected this institution. This essay tries to discuss and analyze the differences in practice, at the same time, to comment on the Article mentioned above and put forward the advice of improvement about the reservation of public order in our country.