中国国际私法探源

A Study on the Origin of Chinese Private International Law

中国国际私法起源的历史年代,法学界有不同的观点。主流观点是中国国际私法起源于唐代《永徽律》,也有学者认为起源于清末民初对外国法的移植。笔者提出中国国际私法起源于汉代"刘细君和亲案,"汉武帝"从其国俗"的诏书是中国国际私法起源的标志。

The law academy holds different views on the exact historical time when the Chinese private international law was originated. The main point of view indicates it started from Yong Hui Law in Tang Dynasty. Other scholars suggest it come from the implant of foreign law at the end of Qing Dynasty and beginning of Min Guo (the Republic of China). The writer of this paper argues that Chinese private international law initiate from 'the Case of Liu Xijun’s Peace-making Marriage' and be marked by the royal letter about 'following his country’s custom' by Emperor Wu of Han Dynasty.