对判决一致作为冲突法价值目标的质疑

A Challenge of the Uniformity of Decisions as the Goal of Conflict of Laws

法律作为社会生活的产物,其目标只有来源于实际社会生活的需求才能正确发挥为立法、司法指引方向,以及评价法律应用效果的作用。传统冲突法将实现判决一致作为自己的"首要目标",然而在其发展历程中,这一目标不仅形同虚设,更有被废弃的趋势。其中的原因不仅是它在实践中的困难,更重要的是它脱离了社会现实,建立在了错误的价值前设之上。

The goal of law play the role of guiding the practice of legislation and judicature, and as a criteria of evaluation of the effect of the application of the law. Law is the product of the real social life, from where the goal of law could only derive. Uniformity of decisions is the primary goal of the traditional conflict of laws. However, this goal has been no other than a white elephant and seems like to be disearded in the future. It＇s not only because that it＇s difficult to aehieve uniformity of decisions in the practices of courts in different legal systems, but also because of the doubtfulness of its legitimacy. Probably, this goal is based on the wrong assumption of values.