浅析《涉外民事关系法律适用法》中的意思自治

On foreign-related legal relationship applicable law's will autonomy

我国实施了两年多的《涉外民事关系法律适用法》将意思自治作为重点的指导原则和方法加以规定,扩张了意思自治的适用范围,但也通过其他制度对其限制。这种看似"矛盾"的立法正符合了当代中国经济发展和实质正义的大背景。

The Law of the Application of Law for Foreign-related Civil Relations of the People＇s Republic of China that has come into effected for more than 2 years adopts the principle of Free Decision of the Parties as one of its important principles and approaches.The law doesn＇t enlarge the area of application of the Free Decision of the Parties,but also limits it through other institutions,yet this ＂contradiction＂ is accorded with the atmosphere where China is pursuing for its economic development and social justice.